LB 

ZSZ9 


GIFT   OF 


PUBLIC  SCHOOL  LAWS 

OF  LOUISIANA 


ENACTED 


by  the 


LEGISLATURE 


of 


1922 


(The  Twelfth  Compilation  containing  all 

will  be  issued  in  the  near  future) 


s^    ,- 


Issued  by  the 

STATE  DEPARTMENT  OF  EDUCATION 
Baton  Rouge,  La. 


T.  H.  HARRIS, 
State  Superintendent  of  Public  Education 


it 


; 


TABLE  OF  CONTENTS. 


B 

Article 

Page 

Bonds  —  Replacing    Lost    

129 

35 

Bonds  —  Validating   

130 

36 

Bonds  —  Selling   Below    Par  

96 

7 

Beneficiary  Students'  (L.  S.  U.)  

50 

5 

C 

Contracts  —  Building   

139 

36 

Compulsory    School    Attendance  

117 

31 

Conservatory  of  Music   (N.  O.)  

94 

8 

D 

Defectives    (Special   Classes   for)  

111 

31 

E 

General    Education    Bill  

100 

8 

» 

Section 

Page 

1.    State    Board    

1 

8 

2.    Officers  of  State  Board  

2 

9 

3.    Divisions    of    State    Department  

3 

10 

4.    Employees   of   State   Department  

3 

10 

5.    Courses   of   Study  and   Textbooks'  

4 

10 

Sg 

10 

6.    Reports    of    Parish    'Superintendent  

37 

20 

7.    State  Institutions    

6 

10 

8.    Old    and    Incapacitated    Teachers  

7 

11 

9.    Certification  of  Teachers  8,  9,  10,  11,  12.  13, 

L4,  15 

11-12 

10.    Summer  School  Credits  

15 

12 

11.    Teacher  Training  Courses  in  Private  Institutions 

16 

12 

12.    Parish    School    Boards  

17 

12 

13.    Officers   of  Parish   School   Boards  ....  *  

19 

14 

14.    Election  and   Dismissal  of  Parish   Supt  

19 

14 

15.    Election    of    Teachers  

20 

14 

16.    Meetings  of  Parish   School  Boards  .•  

20 

14 

17.    Contracts  for  New  Buildings  and  Improvements 

20 

15 

18.    Establishing  Public   Schools  and  Special  Classes 

21 

15 

19.    General     School    Funds  

21 

15 

20.    Equal    Sessions    

21 

15 

21.    No  aid   for   Private   Schools'  

22 

15 

22.    Local    School    Directors  

24 

16 

23.    Aiding    Teacher    Training    Schools  

25 

16 

24.    Purchasing    Textbooks     

25 

16 

25.    Teachers'    Institutes    <  

26 

16 

26.    Budget   of   Revenues   and    Expenses  

27 

16 

27.    Enumeration   of  School   Children  

28 

17 

28.    Transportation    of    School    Children  

29 

17 

29.    Renting    16th    Sections  

30 

IT- 

30.    Selling    16th    Sections  

30 

IT 

31.    Fees  of  As'sessor  and   Tax   Collector  

31 

IS 

32.    Fiscal   and    Calendar   Years  

32 

18 

33.    Reports    of    State    Superintendent  

J33 

/    37 

18 
20 

502401 


TABLE  OF  CONTENTS— Continued 

Section  Page 

34.  Duties  of   State   Superintendent 34  18 

35.  Payment  of  Employees  of  State  Department....  35  19 

36.  Federal  and  Other  Out- of -State  Funds 35  18 

37.  Current  School  Fund — Distribution  of 36  19 

38.  Attorney  General — Legal  Advisor 41  21 

39.  Revoking    Teachers'    Certificates 42  21 

40.  Parish   School  Board — Employees   of 43  21 

41.  Attendance   Officers'  and   Medical   Inspection 43  21 

42.  Records  Kept  by  Parish   Superintendent 44  22 

43.  Office   of  Parish    Superintendent 46  22 

44.  Quarterly    Reports    of    Parish    Superintendent...  47  22 

45.  Minutes  Parish   School   Board   Meetings 47  22 

46.  Dismissal    of    Teachers 48  22 

47.  Contracts — Teachers' 49  23 

48.  School    Treasurer    51  23 

49.  Line  Schools    59  24 

50.  No    Incidental    Fees .  . .' 59  25 

51.  Prescribed    School    .Subjects 60  25 

52.  Length    of    School    Day 60  25 

53.  Free    Passage    Over    Ferries 61  25 

54.  Degrees  by  Private  Institutions ; 62  26 

55.  Orleans    School   Board    63  26 

56.  Teachers"   Retirement   Fund 64  27 

57.  Orleans   Normal    School 65  27 

58.  Orleans  Textbooks  and  Course  of  Study 66  27 

59.  Teachers   Permanently  Employed    66  27 

60.  School  Treasurer — Orleans 67  27 

O 

Article  Page 

Oil    Leases 20  3 

S 

Severance  Tax   140  41 

Section  Page 

(a)   Allocation    of    4  41 

Article  Page 

State    Superintendent — Election    by    Popular    Vote 105  28 

Sixteenth    Section — Quieting    Title   in    Tensas    Parish....  48  4 

School    Districts — Consolidating     33  3 

T 

Trespassing  on  Property  of   State   Institution 103  -8 

Transferring    Property — Caldwell    Parish    School    Board.  128  24 

Transferring  Property  to  E.  B.  R.  School   Board 109  29 

V 

Vocational   Rehabilitation    135  33 


ACT  No.  20. 

House  Bill  No.  195.  By  Mr.  McEachern. 

Substitute  for  House  Bill  No.  83  by  Mr.  McEachern. 

AN  ACT. 

To  authorize  Parish  School  Boards  in  the  State  of  Louisiana 
to  execute  oil,  gas  and  mineral  leases  on  any  lands  belong- 
ing in  whole  or  in  part  to  said  School  Boards,  and  to  fix 
the  terms  and  conditions  of  such  leases. 

Section  1.   Be  it  enacted  by  the  Legislature  of  Louisiana  that     School  Board  au. 
the  Parish  School  Boards  of  the  several  parishes  of  the  State  thorized  to  execute 
be  and  they  are  hereby  authorized  and  empowered  to  execute  leases  for  oil»  etc- 
oil,  gas  and  mineral  leases  upon  any  lands  owned  in  whole  or 
in  part  by  such  School  Boards  for  the  purpose  of  having  them 
explored,  developed,  drilled  and  mined  for  oil,  gas  and  other 
minerals. 

Section  2.     That  the   School  Board  of  any  parish  desiring     Dut     of    Sehool 
to  effect  such  a  lease  shall  fix  the  terms  and  conditions  thereof,  Board, 
collect  the  amounts  due  thereunder,  and  place  same  to  the  credit 
of  the  Public  Schools  of  the  said  Parish. 

Section  3.  That  the  execution  of  such  lease  or  leases  shall 
be  made  only  after  a  resolution  has  been  legally  adopted  by  the  Resolution, 
said  School  Board,  in  regular  session  assembled,  authorizing 
the  execution  of  such  lease  or  leases.  The  resolution  shall  set 
forth  in  detail  the  property  to  be  leased  as  well  as  the  terms  and 
conditions  thereof,  and  the  lease  or  leases  shall  be  executed  in 
strict  conformance  therewith.  In  the  same  resolution  the  said 
Board  shall  likewise  designate  one  of  its  members  to  sign  and 
execute  the  lease  for  the  said  Board. 

Section  4.     That  all  laws  or  parts  of  laws  in  conflict  here- 
with be  and  the  same  are  hereby  repealed. 
Approved  by  the  Governor : 
July  10,  1922,  11 :10  a.  m. 


ACT  No.  33. 

House  Bill  No.  375.  By  Mr.  Alexander,  by  request. 

AN  ACT. 

To   provide   for  the  merging   or  consolidating   of   School   Dis- 
tricts. 

Section  1.    Be  it  enacted  by  the  Legislature  of  Louisiana,  that     Sch0oi    District* 
the  school  boards  of  the  various  parishes  of  this  state  be  and  may  consolidate, 
they   are   hereby   authorized   and   empowered   upon   their   own 
initiative    to    merge    or    consolidate    two    or    more    school  dis- 


tricts  into  one;  and  that  when  petitioned  by  twenty-five  (25%) 
percent.,  or  more,  of  the  property  taxpayers,  resident  of  two 
or  more  districts  who  desire  said  districts  to  be  merged  or  con- 
solidated, the  school  board  shall  submit  said  matter  to  an  elec- 
tion of  property  taxpayers,  qualified  to  vote  in  said  districts, 
said  election  to  be  held  in  accordance  with  the  terms  and  con- 
ditions of  Act  256  of  the  Legislature  of  1910  and  the  amend- 
ments thereto,  and  if  a  majority  of  the  votes  cast  at  said  elec- 
tion is  in  favor  of  said  merger  or  consolidation,  then  the  said 
board  shall  at  once  provide  for  the  merging  or  consolidating  of 
the  said  districts  into  one. 

Section  2.     That  all  laws  or  parts  of  laws  in  conflict  here- 
with be  and  the  same  are  hereby  repealed. 
Approved  by  the  Governor : 
July  13,  1922,  9 :50  a.  m. 


ACT  No.  48. 

Senate  Bill  No.  7.  By  Mr.  Clinton. 

AN  ACT. 

To  confirm,  validate  and  declare  legal  and  binding  as  against 
the  State  of  Louisiana  and  all  other  persons,  bodies  or  cor- 
porations created  by  it,  certain  sales  of  Section  Sixteen 
(16),  in  Township  Thirteen  (13)  North,  Range  Ten  (10) 
East,  in  Tensas  Parish,  Louisiana,  made  by  W.  M.  David- 
son, Parish  Treasurer  thereof. 

Evidence  of  the  notice  of  intention  to  introduce  and  have  this^ 
Act  passed  by  the  Legislature  of  Louisiana,  in  accordance 
with  Article  4,  Section  6,  of  the  Constitution  of  1921,  hav- 
ing been  produced. 

D«»cription      of     Section  1.    Be  it  enacted  by  the  Legislature  of  Louisiana,  That 
property.  the  following  described  sales  made  by  the  officer  named  of  Sec- 

tion 16,  Township  13  North,  Range  10  East,  described  therein, 
be  and  they  are  hereby  confirmed,  validated  and  declared  legal 
and  binding  conveyances  of  said  lands,  to-wit: 

(a)  Sale  of  S%  of  SE^  of  said  Section  by  W.  M.  Davidson, 
Parish  Treasurer  of  Tensas  Parish,   Louisiana,  unto  Dan.   F. 
Myers,   on  April   22nd,    1902,   recorded   April   23rd,    1902,   in 
Notarial  Record  "N",  page  742,  of  the  Records  of  Tensas  Par- 
ish, Louisiana. 

(b)  Sale  of  the  SW%,  NW%,  NEi/4  and  Ni/2  of  SE%  of  said 
Section  by  W.  M.  Davidson,  Parish  Treasurer  of  Tensas  Parish, 
Louisiana,  unto  Lycurgus  Burns,  Jr.,  on  June  12th,  1902,  re- 
corded June  18th,  1902,  and  correction  deed  dated  August  4th, 
1902,  recorded  August  5th,  1902,  respectively,  in  Notarial  Record 


"N",  pages  781  et  seq.,  and  Notarial  Record  "0",  pages  3  et 
seq.,  of  the  Records  of  Tensas  Parish,  Louisiana. 

Section  2.  That  the  said  Dan  F.  Myers  and  Lycurgus  Burns, 
Jr.,  and  their  heirs  and  assigns,  as  based  upon  the  above  recited 
alienations,  be,  and  they  are  hereby,  confirmed,  approved  and 
validated  as  legal  and  binding  as  against  any  and  all  clajms  and 
demands  of  the  State  of  Louisiana,  and  all  persons  and  bodies 
created  by  it. 

Section  3.    That  all  laws  or  parts  of  laws  in  conflict  herewith, 
be,  and  the  same  are  hereby  repealed. 
Approved  by  the  Governor: 
July  13,  1922,  10:10  a.  m. 


ACT  No.  50. 

House  Bill  No.  74.  By  Mr.  Shattuck. 

AN  ACT. 

To  empower  the  Police  Juries  of  the  several  Parishes  to  defray 
the  living  expenses  of  young  men  and  women  in  the  School 
of  Agriculture  at  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanical  College,  under  specified  conditions, 
by  means  of  a  contract  with  the  beneficiaries  thereof,  and 
providing  the  recourse  of  the  Parish  in  case  of  a  violation 
of  the  said  contract. 

Section  1.    Be  it  enacted  by  the  Legislature  of  Louisiana  that     Police  Jury  em_ 
the  Police  Juries  of  the  several  Parishes  are  hereby  empowered  powered  to  defray 
to  defray  the  expenses  of  young  men  and  women,  residents  of  cufuJrlTstudentifat 
Louisiana,  who  have  graduated  from  any  high  school  of  the  L-  s-  u- 
State  or  high  school  of  another  state,  of  recognized  standing, 
to  the  number  of  not  more  than  one  from  each  ward  of  the  parish 
at  any  one  time,  and  three  from  the  Parish  at  large  who  agree 
and  obligate  themselves  to  enter  upon  the  study  of  agriculture 
and  to  pursue  such  study  at  the  Louisiana  State  University  and 
Agricultural  and  Mechanical  College  at  Baton  Rouge,  Louisiana, 
until   they   graduate   from  such  University   in  the  School   of 
Agriculture. 

Section  2.  As  a  condition  precedent  to  availing  themselves  of  conditions, 
this  act,  it  must  be  shown  to  the  satisfaction  of  the  Police  Jury 
that  the  young  man  or  woman  applying  for  aid  under  this  act 
is  financially  unable  to  educate  himself  in  the  course  of  Agri- 
culture and  that  his  relatives  are  likewise  unable  to  render  him 
the  necessary  financial  assistance  to  enable  him  to  receive  such 
an  education. 

Section  3.    Before  any  young  man  or  woman  may  take  advan-     Contract 
tage  of  the  provisions  of  this  act,  he  or  she  with  his  or  her  par- 
ents or  tutor,  must  enter  into  a  contract  with  the  Police  Jury 


6 

of  the  Parish,  to  be  prepared  by  the  District  Attorney,  agreeing 
that  in  consideration  of  the  aid  to  be  rendered  under  the  pro- 
visions of  this  act,  the  recipient  becomes  obligated  to  pursue 
the  study  of  agriculture  until  graduation,  and  after  graduation 
will  return  to  the  Parish  furnishing  the  assistance  and  practice 
the  profession  of  an  agriculturist  for  two  years. 

Penalty  for  vio-  Section  4.  Any  person  taking  advantage  of  the  provisions 
lation  of  contract,  of  this  act  who  shall  violate  any  provision  of  the  contract  above 
provided  for  shall,  by  reason  of  such  breach  of  contract  become 
indebted  thereby  unto  the  Parish  with  whom  the  contract  is 
made  in  the  full  amount  expended  by  the  Parish  under  the  pro- 
visions hereof,  and  the  Police  Jury  of  the  said  Parish  is  hereby 
empowered  to  bring  suit  to  recover  said  sum  at  any  time  within 
a  period  of  five  years  dating  from  the  date  that  the  breach  of 
contract  occurred. 

Section  5.    That  all  laws  or  parts  of  laws  in  conflict  herewith, 
be  and  the  same  are  hereby  repealed. 
Approved  by  the  Governor : 
July  13,  1922,  10:45  a.  m. 


ACT  No.  94. 

House  Bill  No.  137.  By  Mr.  McOiehan. 

AN  ACT 

Authorizing  and  empowering  the  New  Orleans  Conservatory 
of  Music  and  Dramatic  Art,  Incorporated,  an  institution 
for  the  teaching  of  music  and  dramatic  art,  domiciled  in 
the  Parish  of  Orleans,  to  grant  diplomas,  and  to  confer 
degrees  in  music,  expression  and  dramatic  art. 

Whereas,  proper  and  sufficient  evidence  has  been  exhi- 
bited in  and  to  the  Legislature  that  notice  of  the  intention 
to  apply  for  the  passage  of  this  Act  has  been  published, 
as  required  by  Section  6  of  Article  IV  of  the  Constitution 
of  the  State  of  Louisiana. 

New  Orleans     Section  1.     Be  it  enacted  by  the  Legislature  of  Louisiana, 
the  New  Orleans   Conservatory  of   Music   and   Dramatic 


matic  Art,  inc.,  au-Art,  Incorporated,  an  institution  for  the  teaching  of  music, 
diplomas.  t(  ue  expression  and  dramatic  art,  domiciled  in  the  Parish  of  Orleans, 
and  duly  recognized  as  a  body  corporate,  and  entitled  to  the 
enjoyment  and  exercise  of  all  the  rights,  duties  and  privileges 
appertaining  to  civil  corporations,  shall  have  the  right  and 
power,  and  is  hereby  authorized,  to  graduate  students  and  to 
grant  diplomas  to  its  graduates  and  to  confer  degrees  of  Bach- 
elor of  Music,  Master  of  Music,  Doctor  of  Music,  Bachelor  of 
Oratory,  Master  of  Oratory,  and  such  degrees  as  are  conferred 
by  similar  institutions,  upon  their  graduates  and  others  that 


may  be  deemed  worthy  of  such  honors ;  provided  that,  in  confer- 
ring said  degrees  and  diplomas,  said  institution  shall  be  gov- 
erned by  such  proper  rules,  regulations  and  forms  as  said 
institution  may  adopt;  provided,  further,  that  the  curriculum 
of  said  institution  shall  be  approved  by  the  Louisiana  State 
Board  of  Education. 

Section  2.     That  all  laws  or  parts  of  laws  contrary  to,  or  in 
conflict  herewith  be  and  are  hereby  repealed. 
Approved  by  the  Governor: 
July  13,  1922,  12 :25  p.  m. 


ACT  No.  96. 

House  Bill  No.  212.  By  Mr.  Davis. 

AN  ACT 

Defining  what  shall  constitute  violations  of  law  with  respect 
to  selling  bonds  for  public  improvements  by  the  governing 
authority  of  any  political  subdivision  in  the  State,  and 
providing  punishment  therefor;  fixing  liability,  and  pro- 
viding for  civil  recovery  in  such  cases. 

Section  1.     Be  it  enacted  by  the  Legislature  of  Louisiana,     _. 

mi  .         .  j      -i      '  -i         Prohibiting       the 

That  whenever  any  police  jury,  school  board,  drainage  board,  sale    of    bonds    at 


or  other  governing  authority  of  any  political  subdivision  in  the 
State  shall  incur  debt  and  issue  bonds  for  works  of  public  im- 
provement, any  member  of  such  governing  authority  who  shall 
vote  in  favor  of  the  sale  or  disposition  of  such  bonds  on  terms 
and  conditions  different  from  those  named  in  the  law,  or  at 
a  price  less  than  the  minimum  fixed  by  the  Constitution  and 
the  law,  shall  be  deemed  guilty  of  gross  misconduct  in  office, 
and  shall  be  impeached  and  removed  from  office  in  the  manner 
provided  by  Section  6  Article  9  of  the  Constitution. 

Section  2.  It  shall  be  a  violation  of  law  within  the  meaning  What  constitutes 
of  this  Act  to  sell  or  dispose  of  bonds  authorized  for  works  of  a  violation. 
public  improvement  except  for  cash,  or  at  a  price  less  than  that 
fixed  by  the  Constitution  and  the  law,  without  any  diminu- 
tion whatever.  It  shall  likewise  be  a  violation  of  law  for  any 
bidder  or  prospective  purchaser  of  bonds  to  propose,  or  for  the 
governing  authority  to  entertain  any  proposal  for  the  purchase 
of  bonds  which  is  coupled  with  a  stipulation  that  the  bidder 
shall  have  the  right  to  name  or  suggest  the  name  of  the  con- 
tractor or  builder  to  do  the  work  for  which  the  bonds  are  to 
be  sold,"  or  coupled  with  any  other  condition  calculated  to  af- 
fect the  free  letting  of  such  public  work.  It  shall  also  be  a 
violation  of  law  to  sell  or  dispose  of  bonds  upon  any  understand- 
ing which  tends  to  hamper  or  restrict  the  free  letting  of  public 


8 

work  by  the  governing  authority,  and  any  contract  let  contrary 
to  this  provision  shall  be  contra  bonos  mores,  and  void  and 
unenforceable;  provided,  nothing  herein  contained  shall  affect 
the  rights  of  bona  fide  purchasers  of  such  bonds,  who  hold 
same  for  value  as  innocent  third  holders.  It  shall  further  be 
a  violation  of  law  for  persons  to  act  in  collusion  to  restrict  free 
bidding  for  bonds  when  offered  for  sale. 

Penalty.  Section  3.     Any  member  of  any  governing  authority,  and  any 

original  purchaser  or  agent  thereof,  who  shall  violate  any  of  the 
provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor  and  shall 
be  fined  in  a  sum  not  less  than  One  Hundred  Dollars  ($100.00) 
nor  more  than  One  Thousand  Dollars  ($1,000.00)  or  shall  be 
imprisoned  in  the  parish  jail  for  not  more  than  six  (6)  months, 
or  both  at  the  discretion  of  the  Court. 

Any  person,  firm  or  corporation  violating  the  provisions  of 
this  act  shall  be  further  liable,  in  solido,  in  a  civil  action,  for  the 
difference  between  the  amount  received  for  the  bonds  and  the 
minimum  amount  fixed  by  the  Constitution  and  the  law  for 
which  the  bonds  could  legally  be  sold.  Suit  for  the  recovery  of 
this  difference  shall  be  brought  by  the  Attorney  General  or  the 
District  Attorney  on  his  own  initiative,  or  when  directed  to  do 
so  by  the  Governor,  for  the  benefit  of  the  treasury  of  the  gov- 
erning authority  which  sold  the  bonds. 
Approved  by  the  Governor: 
July  13,  1922,  12 :30  p.  m. 


ACT  No.  100. 

Senate  Bill  No.  20.  .      By  Mr.  Delos  R.  Johnson. 

AN  ACT 

To  provide  a  State  Board  of  Education  and  Parish  school  boards, 
defining  their  duties  and  powers,  and  providing  for  the 
administration  and  supervision  of  the  public  schools  of  Lou- 
isiana. 

state  Board  of  Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana,  That 
Education;  terms, there  shall  be  a  State  Board  of  Education  composed  of  eleven 
members,  three  to  be  appointed  by  the  Governor  by  and  with  the 
advice  and  consent  of  the  Senate  for  terms  of  four  years,  one 
each  from  districts  coextensive  with  the  present  Public  Service 
Commission  districts,  and  eight  to  be  elected  for  terms  of  eight 
years,  except  as  herein  provided,  from  districts  corresponding  to 
the  present  Congressional  districts.  The  first  Board  provided 
for  bv  this  Act  shall  be  elected  at  the  Congressional  election  of 


9 

1922  and  the  terms  of  the  eight  members  elected  at  that  time 
shall  be  determined  as  follows :  At  the  first  meeting  of  the  Board 
after  said  election  there  shall  be  prepared  four  slips  of  paper, 
upon  one  of  which  shall  be  written  the"  first  and  eighth  districts, 
upon  another  the  second  and  fifth  districts,  upon  another  the 
third  and  fourth  districts,  and  upon  the  last  the  sixth  and  sev- 
enth districts,  which  shall  be  placed  in  a  proper  receptacle  from 
which  a  blindfolded  person  shall  draw  one  slip  at  a  time.  The 
first  slip  drawn  shall  award  to  the  members  from  the  districts 
appearing  thereon  the  term  of  two  years ;  the  second  slip  drawn, 
to  the  members  from  the  districts  appearing  thereon  the  term 
of  four  years;  the  next  slip  drawn,  to  the  members  from  the 
districts  appearing  thereon  the  term  of  six  years;  and  the  mem- 
bers from  the  districts  appearing  on  the  remaining  slip  shall  be 
awarded  the  term  of  eight  years.  After  this  first  election  of 
members  of  the  State  Board  of  Education  the  term  of  all  elected 
members  shall  be  eight  years.  All  vacancies  in  the  membership 
of  the  State  Board  of  Education,  whether  by  death,  resignation, 
or  otherwise,  shall  be  filled  by  appointment  by  the  Governor 
by  and  with  the  advice  and  consent  of  the  Senate.  The  State 
Board  of  Education  shall  be  a  body  politic,  and  corporate  by 
the  name  and  style  of  the  Louisiana  State  Board  of  Education, 
with  authority  to  sue  and  defend  suits  in  all  matters  relating 
to  the  public  schools  not  within  the  jurisdiction  of  the  parish 
scliool  boards,  as  hereinafter  provided.  The  members  of  the 
Board  shall  receive  as  compensation  for  their  service  in  attending 
meetings  of  the  Board  their  actual  transportation  expenses  and 
per  diem  of  ten  dollars  for  the  number  of  days  that  the  Board 
is  in  session,  payable  on  their  warrants,  approved  by  the  Pres- 
ident and  Secretary  of  the  Board,  out  of  the  Current  School 
Fund.  The  first  State  Board  of  Education  under  this  Act  shall 
begin  office  the  second  Monday  of  January,  1923. 

Section  2.  The  State  Board  of  Education  shall  elect  from  its  Election  of  state 
membership  a  President  and  a  Vice-President,  whose  terms  of  Superintend  e  n  t  of 
office  shall  be  fixed  by  the  Board,  not  to  exceed  eight  years.  Publio  Education- 
The  Board  shall  elect  a  State  Superintendent  of  Public  Educa- 
tion for  a  term  of  four  years  and  fix  his  salary,  the  same  not 
to  be  less  than  $5,000.00  a  year  nor  more  than  $7,500.00  a  year. 
The  State  Superintendent  of  Public  Education  shall  be  Secretary 
of  the  Board.  Any  vacancy*  in  the  office  of  State  Superintendent 
of  Public  Education  by  death,  resignation  or  otherwise  shall  be 
filled  by  the  Board.  The  State  Board  of  Educat'on  shall  meet 
on  or  before  the  first  Monday  in  December  of  each  year,  and  at 
other  times  when  called  by  the  President.  The  acts  of  the  Board 
shall  be  attested  by  the  signatures  of  the  President  and  Secre- 
tary of  the  Board.  All  papers,  documents  and  records  apper- 
taining to  the  Board  shall  be  filed  by  the  Secretary  of  the  Board 
in  the  office  of  the  State  Board  of  Education.  The  Board  may 


10 


Text-books. 


state  Department  Direct  that  the  proceedings  of  the  State  Board  of  Education  be 
of  Education.         published  in  the  official  journal  of  the  State  or  in  an  official 
pamphlet. 

Section  3.  The  follow'ng  divisions  of  the  State  Department 
of  Education  are  recognized  and  the  State  Board  of  Education 
is  authorized  and  directed  to  provide  the  necessary  employees 
in  them,  the  salaries  and  expenses  of  whom  shall  be  paid  out 
of  appropriations  made  by  the  Legislature,  and  such  other 
sources  as  jnay  be  available. 

Sub-divisions.  A.    Division  of  Educational  Supervision. 

B.  ^Division  of  Teacher  Training  and  Certification. 

C.  Division  of  Vocational  Education. 

The  State  Superintendent  of  Public  Education  shall  select 
the  ^employees  in  the  various  divisions  herein  established.  It 
shall^be  the  duty  of  the  Legislature  to  provide  at  the  seat  of 
government  the  necessary  offices  having  all  needed  equipment 
for  the  State  Superintendent  of  Publ'c  Education,  and  to  make 
provisions  for  postage,  stationery,  and  other  necessary  expenses 
of  the  office"  the  cost  of  which  must  be  within  the  limits  of  an 
appropriation  for  that  purpose. 

.Section  4.  ..  The  State  Board  of  Education  shall  prepare  courses 
of  study,  rules,  by-laws  and  regulations  for  the  government  of 
the  Public  Schools  of  the  State,  which  shall  be  enforced  by  the 
parish Vi  superintendents  and  the  several  parish  school  boards. 
The  State  Board  of  Education  shall  strictly  enforce  a  uniformity 
of  text-books  in  all  of  the  public  schools  of  the  State  (except 
as  hereinafter  provided),  and  shall  adopt  one  or  more  lists 
thereof  which  shall  remain  unchanged  for  six  years  after 
such  adoption;  provided  that  any  textbook  used  in  the 
schools  of  the  State  may  be  changed  at  any  time  by  a  two- 
third  vote  of  the  full  membership  of  the  State  Board  of 
Education.  All  contracts  for  the  adoption  of  text-books  for 
/"use  in  the- public  schools  shall  cover  a  period  of  six  years,  sub- 
for  jecit  to  change  or  annulment  in  accordance  with  law.  The  adop- 
tfdn  of  elementary  text-books  and  high  school  text-books  shall 
be  made  at  periods  three  years  apart.  The  mode  of  procedure 
for  the  announcement  of  bids,  awarding  of  contracts,  location  of 
depositories  for  the  distribution  of  school  text-books  and  all  otnei 
matters  connected  with  the  adoption  and  distribution  of  text- 
borks  shall  be  left  to  the  State  Board  of  Education. 

Reports  of  parish     Section  5.     The  State  Board  of  Education  at  its  option  may 
superintendents.       require  reports  to  be  made  by  the  parish  superintendents  of 

schools  and  teachers. 

Board  to  ad-      Section  6,     The  State  Board  of  Education  shall  administer 
Safn^sS^inst^ the  a^1"8  of  the  following  State  educational  institutions: 
tutions.  Louisiana  State  Normal  College,  Natchitoches. 

Louisiana  Polytechnic  Institute,  Ruston. 


C  o  n  t  racts 
text-books. 


11 

Southwestern  Louisiana  Institute  of  Liberal  and  Technical 
Learning,  Lafayette. 

State  School  for  the  Deaf,  Baton  Rouge. 

State  School  for  the  Blind,  Baton  Rouge. 

Southern  University,  Scotlandville. 

State  School  for  Blind  Negroes,  Scotlandville. 

State  School  for  Deaf  Negroes,  (not  yet  located). 

In  its  management  and  control  of  these  institutions,  it  shall 
have  authority  to  appoint  an  executive  committee  of  two  in 
addition  to  the  State  Superintendent  of  Public  Education  who 
shall  be  ex-officio  a  member  and  chairman,  for  each  institution, 
the  members  of  which  shall  not  be  required  to  be  members  of 
the  State  Board  of  Education.  The  executive  committees  pro- 
vided for  in  this  section  shall  perform  such  duties  as  may  be 
required  of  them  by  the  State  Board  of  Education.  The  com- 
pensation of  the  two  appointive  members  of  the  executive  com- 
mittees herein  provided  for  shall  be  the  same  as  that  of  members 
of  the  State  Board  of  Education. 

It  shall  be  the  duty  of  the  State  Beard  of  Education  to  submit 
to  the  Legislature  biennially  a  budget  of  salaries  and  expenses 
required  for  the  support  of  the  State  Department  of  Education, 
and  of  appropriations  needed  by  the  various  state  educational 
institutions  whose  affairs  are  administered  by  the  State  Board 
of  Education.  This  budget  shall  cover  any  minimum  appropri- 
ations required  by  the  Constitution  and  such  additional  Legis- 
lative appropriations  as,  in  the  judgment  of  the  State  Board  of 
Education,  may  be  necessary. 

Section  7.  It  shall  be  the  duty  of  the  State  Board  of  Educa- 
tion in  its  biennial  report  to  the  Legislature  to  submit  statistics 
relative  to  aged  and  incapacitated  public  school  teachers. 

Section  8.     The  State  Board  of  Education  shall  have  entire 
charge  of  the  examination  and  certification  of  public  school  teach-  teachers!™ 
ers. 

Section  9.  The  following  grades  of  certificates  shall  be  issued  Qrade  certiflcates 
and  all  certificates  shall  be  signed  by  the  State  Superintendent 
of  Public  Education  and  any  other  official  designated  by  the 
State  Board  of  Education:  High  School  Certificate,  valid  for 
five  years ;  First  Grade  Certificate,  valid  for  five  years ;  Second 
Grade  Certificate,  valid  for  three  years ;  Third  Grade  Certificate, 
valid  for  one  year.  The  State  Board  of  Education  shall  deter- 
mine the  subjects  which  shall  be  used  in  the  examination  for 
any  of  the  grades  of  certificates.  The  holders  of  certificates 
issued  as  herein  provided  shall  be  eligible  to  teach  in  any  and 
all  parishes  of  the  State. 

Section  10.    The  State  Board  of  Education  shall  have  author-  Exemptions. 
ity  to  exempt  from  examination  graduates  of  standard  colleges 
and  normal  schools  located  in  this  and  other  States. 


12 

Questions  for  Section  11.  All  questions  to  be  used  in  the  examination  of 
examinations.  teachers  shall  be  prepared  by  the  State  Superintendent  of  Public 
Education  and  shall  be  sent  to  the  parish  superintendents  of  the 
various  parishes,  who  shall  conduct  the  examinations.  The  par- 
ish superintendents  of  the  various  parishes  shall,  at  the  close 
of  the  examinations,  promptly  forward  all  necessary  papers  of 
applicants  for  certificates  to  the  State  Superintendent  of  Public 
Education,  who  shall  grade,  or  have  graded,  all  papers  and  issue 
certificates  to  such  applicants  as  shall  make  the  grades  and 
averages  fixed  by  the  State  Board  of  Education. 

F  for  a  rovai  Section  12.  A  registration  fee  of  two  dollars  ($2.00)  shall  be 
of  dipioma*PP1  *  paid  to  the  State  Department  of  Education  for  the  approval 
of  a  diploma  issued  by  a  standard  college  or  normal  school  lo- 
cated in  another  state,  and  the  same  fee  shall  be  paid  to  the 
State  Department  of  Education  for  the  approval  of  first  grade 
or  life  certificates  earned  in  another  state.  Louisiana  certificates 
valid  for  five  years  shall  be  issued  to  the  holders  of  diplomas 
and  certificates  of  the  class  named  in  this  section. 

Parish  fee  Section  13.    Applicants  for  certificates  earned  in  examinations 

shall  pay  a  fee  of  one  dollar  ($1.00),  said  fee  to  be  retained  in 
the  parishes  where  paid  and  credited  to  the  Parish  current  school 
fund. 

Renewal  of  cer-     Section  14.     Certificates  issued  upon  the  basis  of  college  or 
tificates.  normal  school  diplomas,  or  first  grade  certificates  earned  in 

examinations,  may  be  renewed  by  the  State  Department  of 
Education  for  five  year  periods,  in  accordance  with  such  rules 
and  regulations  as  the  State  Board  of  Education  may  adopt; 
provided,  that  nothing  in  this  section  shall  be  construed  as  con- 
flicting with  the  provisions  of  Act  158  of  1920  relative  to  the 
issuance  of  teachers'  certificates.  No  fee  shall  be  charged  for 
such  renewals. 

Credits  may   be      Section  15.    The  State  Board  of  Education  shall  have  author- 

aiiowed.  ity  to  allow  such  credits  as  it  may  think  proper  for  work  done 

in  standard  educational  •  institutions  to  ra'se  grades  made   in 

examinations   for  teachers'   certificates   or  to  extend   teachers' 

certificates. 

Teacher-training  Section  16.  The  State  Board  of  Education  shall  have  author- 
ity to  prescribe  teacher-training  courses  for  public  or  private 
schools  doing  work  of  at  least  two  years  in  advance  of  that  done 
by  the  public  h'gh  schools,  and  to  issue  first  grade  certificates, 
without  examination,  to  the  graduates  of  such  courses. 

Parish  board  cor-  Section  17.  There  shall  be  a  parish  school  board  for  each  of 
the  parishes,  and  these  several  parish  school  boards  are  con- 
stituted bodies  corporate  with  the  power  to  sue  and  be  sued 
under  the  name  and  style  (Name  of  Parish)  Parish  School 
Board.  Citation  shall  be  served  on  the  President  of  the  Board 
and  in  his  absence  on  the  Vice-President. 

The  membership  of  the  parish  school  board  shall  be  as  fol- 
lows: 


13 

There  shall  be  elected  by  the  qualified  voters  of  each  police     Membership, 
jury  ward  of  the  several  parishes  of  the  State  a  member  of  the 
school  board  of  such  parish  for  each  police  juror  in  said  ward, 
whose  term  of  office  shall  be  for  a  period  of  six  (6)  years. 

When  the  parish  school  board,  under  existing  law,  has  no 
jurisdiction  over  or  control  of  the  public  schools  of  a  city  in  such 
parish,  and  when  the  limits  of  a  ward  of  such  parish  extend 
beyond  the  limits  of  such  city,  only  that  part  of  the  ward  outside 
the  limits  of  such  city  shall  be  represented  on  the  parish  school 
board,  and  shall  have  only  one  member  of  said  board,  who  shall 
be  an  elector  of  the  said  ward  living  outside  the  limits  of  such 
city,  and  shall  be  elected  by  the  voters  of  said  ward  living  and 
voting  outside  the  limits  of  said  city. 

The  election  of  parish  school  board  members  shaU  be  at  the  Elections:  term 
congressional  elections.  School  board  members  now  in  office  of  office. 
shall  serve  out  the  terms  for  which  they  were  elected,  their  suc- 
cessors and  all  other  school  board  members  elected  in  the  future 
shall  be  elected  for  terms  of  six  years.  The  parish  school  boards 
of  the  several  parishes,  as  occasion  may  arise  on  account  of 
the  increase  in  the  membership  by  the  creation  of  additional 
wards  or  the  increase  of  membership  for  any  single  ward,  shall 
by  proper  resolution  maintain  the  three  divisions  of  the  member- 
ship of  said  boards  now  existing  as  nearly  equal  as  possible  by 
allott'ng  such  new  members  to  one  of  the  three  divisions,  and 
when  so  allotted  the  term  of  office  of  such  new  member  or  mem- 
bers shall  expire  at  the  same  time  that  the  terms  of  the  other 
members  of  the  said  division  expire.  The  compensation  of  each 
member  of  the  school  board  is  hereby  fixed  at  five  dollars  ($5.00) 
for  each  day  that  he  may  attend  the  meetings  of  the  board,  and 
five  cents  a  mile  that  he  may  travel  to  and  from  the  meetings 
of  the  board.  The  parish  school  boards  shall  have  authority  to 
appoint  from  their  membership  an  executive  committee  of  three 
members,  which  committee  shall  be  charged  with  such  duties  as 
may  be  delegated  to  it  by  the  parish  school  board.  The  members  Executive  Com. 
of  the  executive  committee  shall  receive  the  same  compensation  mittee. 
for  their  services  -when  attending  committee  meetings  as  they 
receive  when  attending  meetings  of  the  board,  provided  that 
they  shall  not  receive  compensation  for  attending  more  than  one 
committee  meeting  in  any  calendar  month,  or  for  both  a  board 
and  committee  meeting  held  on  the  same  day.  To  be  a  member 
of  a  parish  school  board  one  shall,  in  addition  to  the  qualifica-  Qualifications, 
tions  otherwise  prescribed  by  law,  be  able  to  read  and  write 
and,  at  the  time  of  election,  assessed  for  not  less  than  five  hun- 
dred dollars  ($500.00)  of  individual  or  community  property  in 
the  parish.  All  vacancies  in  the  membership  of  parish  school  Vacancies 
boards  caused  by  death,  resignation,  or  otherwise,  shall  be  filled 
by  appointment  by  the  Governor. 


14 

Representation  of  Section  18.  Whenever  a  parish  contains  a  municipality,  the 
muni  cipaiity  on  population  of  which  is  more  than  one-half  of  that  of  the  entire 
parish,  the  municipality  shall  have  representation  on  the  pariih 
school  board  proportionate  to  its  population,  provided  that  the 
total  membership  of  any  parish  school  board  shall  not  exceed 
fifteen  members. 

Officers  to  be  Section  19.  The  parish  school  boards  of  the  several  parishes 
elected.  shall  elect  from  among  their  number  a  president  and  a  vice- 

president  and  fix  their  terms  of  office  not  to  exceed  six  years. 

Each  board  shall  elect  or  appoint  a  parish  superintendent  of 
tend^nt.h  l~  schools,  having  such  qualifications  as  may  be  fixed  by  the  State 

Board  of  Education,  for  a  period  of  four  years.  The  parish 
superintendent  of  schools  shall  not  be  required  to  be  a  qualified 
elector  or  a  resident  of  the  parish  which  he  is  to  serve  as  super- 
intendent. He  shall  be  required  to  devote  his  entire  time  to  the 
office  of  parish  superintendent  of  schools.  The  first  parish  su- 
perintendent of  schools  selected  under  this  Act  shall  take  office 
July  1,  1925. 

s  u  p  e  rintendent     If  at  any  time  a  parish  superintendent  shall  be  found  incom- 

S?ycaubse.  removedpetent,  inefficient  or  unworthy,,  he  shall  be  removable  for  such 

cause  by  a  majority  vote  of  the^membership  of  the  parish  school 

board  at  any  regular  meeting  or  at  any  special  meeting  after  due 

notice. 

Board  to  deter-  Section  20.  The  parish  school  board  shall  determine  the 
mihleois  ^unsbe  i  e  c°t  num^er  °^  schools  to  be  opened,  the  location  of  the  schoolhouses, 
teache?s ;  fix  sai-  the  number  of  teachers  to  be  employed,  select  such  teachers  from 
aries<  nominations  made  by  the  parish  superintendent,  provided  that  a 

majority  of  the  full  membership  of  the  board  may  elect  teachers 
without  the  endorsement  of  the  superintendent.  The  board 
shall  have  authority  to  employ  teachers  by  the  month  or  by 
the  year,  and  to  fix  the  salaries  of  the  teachers.  The  board 
shall  see  that  the  provisions  of  the  state  school  laws  are  com- 
plied with. 

Board   to    make  .  Each  sc.ho°l  board  is  authorized  to  make  such  rules  and  regula- 
rities   and    reguia-tions  for  its  own  government,  not  inconsistent  with  law  or  with 
the  regulations  of  the  Louisiana  State  Board  of  Education,  as  it 
may  deem  proper. 

Meetings.  The  regular  meetings  of  each  board  shall  be  held  in  the  first 

week  of  January,  April,  July  and  October,  on  such  day  of  the 
week  as  each  board  shall  select,  and  it  may  hold  such  special  or 
adjourned  meetings  as  the  board  may  determine  or  occasion  may 
require. 

Funds  to  be  se-  Each  school  board  shall  exercise  proper  vigilance  in  securing 
cured,  for  the  schools  of  the  parish  all  funds  destined  for  the  support 

of  the  schools,  including  the  state  funds  apportioned  thereto,  the 
poll  tax  collectible,  and  all  other  funds. 

Secretary  to  keep  The  secretary  shall  keep  a  record  of  all  transactions  and  pro- 
record*  ceedings  of  the  board. 


15 

The  school  board  may  receive  land  by  purchase  or  donation  Buildin 
for  the  purpose  of  erecting  school  houses,  provide  for  and  secure 
the  erection  of  same,  construct  such  outbuildings  and  enclosures 
as  shall  be  conducive  to  the  protection  of  property,  and  make 
repairs  and  provide  the  necessary  furniture,  equipment,  and 
apparatus.  All  contracts  for  new  buildings,  and  improvements 
costing  more  than  one  thousand  ($1,000.00)  dollars,  shall  be 
let  to  the  lowest  bidder,  the  board  reserving  the  right  to  reject 
any  and  all  bids. 

They  shall  have  power  to  recover  for  any  damage  that  may 
be  done  to  the  property  in  their  charge;  they  may  change  the 
location  of  a  schoolhouse,  sell  or  dispose  of  the  old  site,  and  use 
the  proceeds  thereof  toward  procuring  a  new  one.  Provided 
that  the  Orleans  Parish  school  board  shall  have  authority  to 
prescribe  the  rules  and  the  regulations  to  govern  in  the  employ- 
ment and  d'scharge  of  teachers,  the  building  and  equipping  and 
repairing  of  school  houses,  and  the  dates  of  the  meetings  of  the 
school  board. 

Section  21.     The  parish  school  board  shall  have  authority  to 

L        i_  i  •  ^i_      i  •„  •  j         Schools  establish- 

estabhsh  such  public  schools  as  it  may  deem  necessary  .to  provide  ed  and  funds  coi- 
adequate  school  facilities  for  the  children  of  the  parish,  and  also  lected- 
trade  schools,  evening  schools,  schools  for  adults,  schools i  attd"  clas- 
ses for  exceptional  children,  and  such  other  schools  or  classes  as 
may  be  necessary  to  meet  all  special  or  exceptional  requirements. 
Central  or  high  schools  may  be  established  when  necessary;  but 
no  high  school  shall  be  established  without  the  sanction  of  •  the 
State  Board  of  Education.  Practical,  industrial,  and  agricul- 
tural courses  shall  be  fostered  by  the  public  school  officials,  and 
the  State  Board  of  Education  shall  have  authority  to  extend 
special  financial  aid  to  schools  meeting  required  standards  in 
such  courses,  with  such  funds  as  may  be  available  for  stfeh  pur-" 
poses.  The  General  Fund  of  the  Parish  School  Board  shall 
consist  of  the  State  Current  School  Fund,  Poll  Taxes,  'Fines, 
Bond  Forfeitures,  Police  Jury  appropriations,  proceeds  from 
the  sale  of  timber  or  income  from  oil  or  gas,  in  short,  all  school 
funds  except  those  voted  or  appropriated  for  special  purposes. 
No  special  advantage  shall  be  given  out  of  the  General  School 
Funds  to  the  High  Schools.  Buildings,  additions  to  buildings,  re- 
pairs, supplies,  sites,  and  equipment  may  be  provided  out  of  the 
general  funds.  Communities  desiring  better  facilities  and  longer 
sessions  than  can  be  provided  by  a  distribution  of  the  general 
funds  giving  equal  sessions  to  all  schools  shall  secure  same  by 
voting  special  taxes  or  obtaining  funds  from  other  sources  than 
the  current  or  general  funds. 

Section  22.     The  school  boards  of  the  several  parishes  of  this      ~       .  , 

~.  ,  .,  .,     ,   „  .    ,  Combinations 

State  are  prohibited  from  entering  into  any  contract,  agreement,  prohibited, 
understanding  or  combination,  tacitly  or  expressly,  directly  or 
indirectly,  with  any  church,  monastic  or  other  order  or  asso- 
ciation of  any  religious  sect  or  denomination  whatsoever,  with 


16 

the  representatives  thereof  or  with  any  person  or  corporation 
conducting  a  school  which  solicits  patronage  from  those  of  any 
particular  religious  faith,  affiliation  or  persuasion,  for  the  pur- 
pose of  running  any  public  school  or  schools  of  this  State  to- 
gether, in  connection,  or  in  combination  with  any  private  or  pa- 
rochial school,  or  other  institution  of  learning  which  may  be  un- 
der the  control  or  management  of  any  church,  monastic  or  other 
religious  order  or  association  of  any  rel!gious  sect  or  denomina- 
tion whatsoever,  or  under  the  control  of  any  person  or  corpora- 
tion conducting  a  school  which  solicits  patronage  especially  from 
those  of  any  particular  religious  faith,  affiliation  or  persuasion. 
Section  23.  The  president  of  the  school  board,  or  in  his  ab- 

Duty  of  President.  .  .*;  i     ,,  .n  /.    .v 

sence  the  vice-president,  shall  preside  at  all  meetings  of  the 
beard,  call  meetings  when  necessary,  advise  with  and  assist  the 
parish  superintendent  of  schools  in  promoting  the  success  of  the 
schools,  and,  generally,  to  do  and  perform  all  other  acts  and 
duties  pertaining  to  his  office  as'  president  of  the  board.  All 
deeds  and  contracts  for  the  schools  shall  be  signed  by  him ;  the 
contracts  with  teachers  shall  be  signed  by  the  parish  superin- 
tendent and  the  contracting  teachers. 
Local  school  di-  Section  24.  The  parish  school  board  may  appoint  local  school 

directors  for  each  school  and  prescribe  their  duties. 
Expenses  of  spe-     Section  25.    A  parish  school  board  shall  have  authority  to 

ciai  sessions  for  pay  all  or  a  part  of  the  expenses  of  special  sessions  of  schools 
organized  and  maintained  for  the  benefit  of  teachers,  and  it 
may  pay  all  or  a  part  of  the  salaries  and  expenses  of  persons 
employed  in  the  extension  service  to  promote  agricultural  and 
other  industrial  instruction  for  the  benefit  of  children. 

Each  parish  school  board  shall  have  authority  to  purchase 

book!^  Xt  direct  from  the  publishers  textbooks  selected  by  the  State  Board 

of  Education. in  quantities  sufficient  to  supply  the  needs  of  all 
the  schools  of  the  Parish  and  to  furnish  such  textbooks  to  the 
patrons  or  guardians  of  the  school  children  at  cost,  provided 
no  parish  school  board  buying  text  books  as  herein  provided 
shall  change  from  one  list  of  text  books  to  another,  except  as 
authorized  by  the  State  Board  of  Education. 
Teachers  jnsti-  Section  26.  The  parish  school  boards  shall  provide  for  and 

tutes.  conduct  such  teachers'  institutes  as  they  may  deem  necessary, 

and  the  State  Board  of  Education  shall  adopt  annually  suitable 
professional  books  for  use  in  the  institute  work,  shall  prepare 
rules  and  regulations  for  the  government  of  the  institutes,  and 
do  everything  possible  for  the  benefit  and  improvement  of  the 
teachers  engaged  in  public  school  work. 

Revenues.  Section  27.    It  shall  be  the  duty  of  the  various  parish  school 

boards  throughout  the  State,  during  the  month  of  July  of  each 
year,  to  adopt  a  budget  of  revenues  to  accrue  to  said  school 
board  during  the  ensuing  year ;  said  budget  not  to  include  prob- 
able revenues  arising  from  doubtful  or  contingent  sources. 


17 

With'n  thirty  days  after  the  adoption  of  the  budget  of  Expenditures 
revenues  the  school  boards  throughout  the  State  shall  adopt 
a  budget  of  expenditures,  not  to  exceed  the  budget  of  rev- 
enues; said  budget  of  expenditures  shall  detail,  as  nearly  as 
possible,  the  said  expenditures  and  no  item  of  indebtedness  not 
included  in  said  detailed  estimate  shall  be  paid  by  the  treasurer 
or  ex-officio  treasurer  of  the  school  board,  under  pain,  he  and 
his  bondsmen,  of  being  personally  liable  for  any  item  so  paid 
and  not  included  in  said  budget  of  expenditures;  they  shall 
budget  for  the  indebtedness  of  previous  years,  in  accordance 
with  existing  laws;  if  during  the  course  of  the  year  revenues 
from  any  unexpected  or  contingent  source  should  have  been 
realized,  an  amended  budget  of  revenues  may  be  adopted  and  an 
amended  budget  appropriating  said  revenues  in  the  same  propor- 
tion as  above  may  also  be  adopted. 

Section  28.     The  parish  school  boards  of  all  parishes  of  the     Enumeration    of 
State  shall  make  an  enumeration  of  all  educable  children  in  educabie  children. 
their  respective  parishes  between  January  1,  1923,   and  July      r.  <.  cf 
1,  1923,  and  every  four  years  thereafter.     It  is  made  the  duty 
of  the  parish  school  boards  of  the  various  parishes  to  employ 
thoroughly  competent   persons  to  do  the   work  of  taking  the 
school  census,  and  to  fix  their  compensation.       School  board 
members  shall  not  be  employed  for  this  purpose.     Whoever  shall 
make  a  fraudulent  enumerat  on  of  children  in  any  parish  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  exceeding  one  thousand  dollars,  or  im- 
prisoned in  the  parish  jail  not  to  exceed  a  period  of  one  year,  or 
suffer  both  fine  and  imprisonment  at  the  discretion  of  the  court. 

It  shall  be  the  duty  of  the  State  Board  of  Education  to  re- 
ject the  1  sts  of  educables  of  any  parish  reported  by  the  parish 
school  board  of  the  correctness  or  accuracy  of  which  it  may 
not  be  satisfied  and  to  call  upon  such  parish  board  to  make  a 
new  and  correct  enumeration. 

Section  29.     The  parish  school  boards  shall  have  authority  to    Transportation 
provide  transportation  for  children  living  more  than  two  mile*  for  chudren- 
from  a  school  of  suitable  grade. 

Section  30.     Parish  school  boards  shall  have  authority  to  rent      sixteenth  Section 
s'xteenth  section  lands,  or  lease  the  mineral  rights  of  same  by  Linxis'>  *tfc 
resolution  of  the  board  and  without  the  authority  of  a  vote  of  the 
electors  of  the  township  in  which  such  lands  are  located.  All  funds 
realized  from  the  rent  of  sixteenth  sections,  or  lease  of  mineral 
rights   of   sixteenth   sections  shall  be   credited   to   the   current 
school  funds  of  the  parish. 

All  elections  to  authorize  the  sale  of  sixteenth  section  lands, 
or  of  timber  on  sixteenth  section  lands,  shall  be  conducted  by  the 
parish  school  beards,  and  the  funds  realized  from  such  sale,  after 
dodrct'ng  for  necesary  expenses  connected  with  such  elections, 
s!  all  be  promptly  forwarded  to  the  State  Auditor  for  credit  to 
the  proper  township. 


18 

Assessors  and  Section  31.  The  assessors  and  tax  collectors  shall  receive  the 
tax  collectors  to  re-  fees  allowed  by  law  for  assessing  and  collecting  taxes  on  only 
iceectingfee  ^"the  poll  and  other  taxes  actually  collected.  The  school  boards 

shall  pay  no  commissions  to  assessors  and  tax  collectors  on  poll 
or  other  taxes  not  actually  collected  and  paid  over  to  the  school 
treasurer,  provided  that  in  the  Parish  of  Orleans  no  fees  shall 
be  paid  or  become  exigible  under  the  provisions  of  this  Section. 
'Section  32.  The  parish  school  boards  that  have  been  operat- 
ing on  a  fiscal  year  basis  shall  continue  operating  on  that  basis 
and  the  parish  school  boards  that  have  been  operating  on  a 
calendar  year  basis  shall  be  permitted  to  continue  to  operate  on 
a  calendar  year  basis  but  they  shall  be  required  to  so  adjust 
their  finances  that  they  shall  be  on  the  fiscal  year  basis  begin- 
ning July  1st,  1928.  All  parish  school  boards  that  are  in  debt 
for  their  expenditures  for  current  expenses  shall  so  adjust  their 
finances  that  they  will  not  be  in  debt  for  current  expenses  by 
July  1st,  1928. 

Parish     board     The  parish  school  board  shall  have  authority  to  borrow  money 

may  borrow  money,  to  meet  its  budget  of  expenditures  as  provided  in  Section  27 

of  this  Act  to  secure  said  loans;  the  parish  school  board  shall 

have  authority  to  pledge  its  revenues  for  the  calendar  year, 

or  fiscal  year  upon  whichever  basis  it  may  be  operating. 

Parish  school  boards  are  prohibited  from  making  a  budget  of 
expenditures  for  current  expenses  in  excess  of  budget  of  prob- 
able revenues.  All  notes  evidencing  money  borrowed  shall  be 
s'gned  by  the  president  and  treasurer  of  the  parish  school  board 
and  the  said  officials  are  prohibited  from  executing  notes  in 
excess  of  the  authority  granted  by  resolution  of  the  Parish 
school  board ;  the  parish  school  board  is  hereby  prohibited  from 
authorizing  loans  in  excess  of  budget  of  probable  revenues  ex- 
cept in  case  of  emergency  and  then  on  a  two-thirds  vote  of  the 
entire  membership  of  the  parish  school  board.  In  the  event  the 
president  and  treasurer  of  the  parish  school  board  borrow  in  ex- 
cess of  above  mentioned  authority,  they  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  may  be  fined  not  more  than  One 
Thousand  ($1,000.00)  Dollars  each. 

Duty  of  state     Section  33.     The  State  Super 'nten dent  of  Public  Education 
superintendent    of  shall  file,  each  year  separately,  all  papers,  reports,  and  public 
«conis!on   *     keep  documents  transmitted  to  him  by  the  boards  and  officers  whose 
duty  it  is  to  report  to  him,  and  hold  the  same  in  readiness  to  be 
examined  by  the  Governor  whenever  he  sees  proper,  by  any  com- 
mittee appointed  by  the  Legislature,  or  by  any  other  interested 
citizens;  and  he  shall  cause  to  be  kept  a  record  of  all  matters 
appertaining  to  his  off:ce. 

Section  34.  It  shall  be  the  duty  of  the  State  Superinten- 
dent of  Public  Education  to  keep  in  close  touch  with  all  of 
the  state  educational  institutions  under  the  control  of  the  State 
Board  of  Education,  and  of  all  the  public  schools  of  the  various 
parishes  of  the  State  with  the  view  of  seeing  that  the  physical 


19 

plants  of  the  schools  are  adequate  and  kept  in  the  proper  state 
of  repair  and  sanitation;  that  the  courses  of  study  prescribed 
by  the  State  Board  of  Education  are  faithfully  followed;  that 
teachers  meet  the  standards  prescribed  by  the  State  Board  of 
Education;  that  classes  are  not  overcrowded;  that  children  are 
properly  classified  as  to  grades;  that  wise  methods  are  used  in 
the  presentation  of  the  subject  matter;  and  in  all  other  ways 
possible  to  assist  the  local  authorities,  superintendents,  and 
teachers  to  secure  the  best  possible  results  from  their  efforts. 
In  the  prosecution  of  this  work  of  inspection  and  supervision, 
the  various  employees  in  the  State  Department  of  Education 
shall  be  under  the  immediate  direction  and  control  of  the  State 
Superintendent  of  Public  Education,  and  they  shall  make  such 
verbal  and  written  reports  to  him  as  he  may  require.  In  the 
professional  administration  of  the  schools,  as  indicated  in  this 
section,  it  shall  be  the  duty  of  the  heads  of  the  various  state 
educational  institutions  and  of  the  public  school  officials  in 
the  various  parishes  to  be  guided,  as  far  as  practicable,  by  the 
suggestions  and  directions  of  the  State  Superintendent  of  Pub- 
lic Education.  The  traveling  and  other  necessary  expenses  of 
the  State  Superintendent  of  Public  Education  and  other  em- 
ployees of  the  State  Department  of  Education  while  engaged 
upon  their  official  duties  shall  be  paid  out  of  the  State  Current 
School  Fund  not  to  exceed  amounts  appropriated  by  the  Legis- 
lature for  this  purpose. 

Section  35.  The  State  Superintendent  of  Public  Education  Salaries  and  ^ 
ahall  draw  warrants  on  the  State  Auditor  for  the  monthly  sal-  penses;  how  paid, 
aries  of  himself  and  all  of  the  other  employees  in  the  State  De- 
partment of  Education  covered  by  appropriations  by  the  Leg- 
islature, and  he  shall  draw  warrants  on  the  State  Auditor  for 
the  biennial  appropriations  made  by  the  Legislature  covering 
such  items  as  traveling  expenses,  office  expenses,  etc.,  semi- 
annually  in  advance,  and  these  funds,  when  received,  by  the 
State  Superintendent  of  Public  Education  shall  be  deposited  in 
the  bank  paying  the  highest  interest  on  daily  balances.  Any 
interest  earned  shall  be  added  to  the  appropriations. 

The  State  Board  of  Education  shall  have  authority  to  receive 
and  use  for  public  school  purposes  any  Federal  or  other  funds 
from  out-of-state  sources  which  in  the  judgment  of  the  Board 
should  be  accepted  and  can  be  wisely  used,  as  well  as  any  dona- 
tions from  residents  of  the  State  which  may  become  available 
for  public  school  purposes.  All  such  funds  shall  be  deposited  by 
the  State  Superintendent  of  Public  Education  in  the  bank  pay- 
ing the  highest  rate  of  interest  on  daily  balances.  The  State 
Superintendent  of  Public  Education  shall  make  such  reports  to 
the  Supervisor  of  Public  Accounts  as  are  required  by  law. 

Section  36.  It  shall  be  the  duty  of  the  State  Superinten- 
dent of  Public  Education  to  draw  warrants  during  the  months 
of  November,  February  and  June  of  each  fiscal  year  on  the 


20 

State  Auditor  covering  the  amount  of  the  State  Current  School 
Fund  in  the  treasury  on  the  basis  of  the  number  of  children  in 
the  various  parishes  between  the  ages  of  six  and  eighteen,  both 
inclusive,  as  per  the  last  census  of  educables,  the  warrants  to 
be  made  payable  to  the  school  treasurers  of  the  various  parishes. 
Section  37,  The  State  Superintendent  of  Public  Education 

report.  s^a^  anmianv  make  a  report  to  the  Governor  and  the  members 
of  the  Legislature  of  the  condition  and  progress  made  and  pos- 
sible improvements  to  be  made  in  the  public  schools ;  the  amount 
and  condition  of  the  school  funds;  how  its  revenues  during  the 
previous  year  have  been  distributed;  the  amount  collected  and 
disbursed  for  public  school  purposes  from  local  taxation,  or 
from  any  other  source,  and  how  the  same  was  expended,  shall 
be  set  forth  in  the  report.  This  report  shall  contain  an  abstract 
of  the  parish  superintendents'  reports.  He  shall  communicate  all 
facts,  statistics  and  information  that  are  of  interest  to  the  public 
schools.  He  shall  cause  to  be  printed  a  sufficient  number  of 
copies  for  distribution  among  the  members  of  the  Legislature, 
the  State  officials,  parish  school  boards,  libraries,  and  superin- 
•  tendents  of  schools  of  other  states  and  territories,  and  to  meet 
all  exchanges  of  educational  reports. 

re  ort  to  ^e  Par^sn  superintendents  of  schools  shall  make  such  annual 
reports  to  the  State  Board  of  Education  by  August  15  of  each 
year  as  the  State  Superintendent  of  Public  Education  may  re- 
quire. Whenever  a  parish  superintendent  of  schools  shall  fail  to 
place  his  annual  report  in  the  hands  of  the  State  superintendent 
of  Public  Education  by  August  15,  and  without  an  excuse  accept- 
able to  the  State  Superintendent  of  Public  Education,  the  State 
Board  of  Education  shall  have  authority  to  delegate  an  auditor 
to  prepare  the  report.  In  such  case  it  shall  be  the  duty  of  the 
parish  superintendent  of  schools  to  make  readily  available  to 
said  auditor  all  books,  reports  and  other  information,  needed  in 
the  preparation  of  the  report.  The  auditor's  salary  and  all 
other  necessary  expenses  shall  be  paid  out  of  the  salary  of  the 
parish  superintendent  failing  to  make  the  required  report,  and 
it  shall  be  the  duty  of  the  State  Supervisor  of  Public  Accounts 
to  see  that  the  auditor's  salary  and  other  necessary  expenses 
are  paid  as  provided  in  th's  section. 

Report  to  GOV-  Section  38.  The  State  Superintendent  of  Public  Education's 
emor  and  Legisia-  annual  report  to  the  Governor  and  the  members  of  the  Legis- 
lature shall  outline  receipts  and  expenditures  of  the  various 
state  educational  institutions  under  the  direction  and  control 
of  the  State  Board  of  Education,  together  with  necessary  in- 
formation concerning  faculty,  enrollment,  graduates,  courses 
of  study,  and  any  other  information  required  to  show  the  con- 
dition, progress  and  needs  of  these  institutions.  The  presidents 
of  the  state  educational  institutions  shall  be  required  to  furnish 
by  the  fifteenth  day  of  August  of  each  year  such  reports  as 
the  State  Superintendent  of  Public  Education  may  require. 


21 

Section  39.  Certified  copies  of  records  and  papers  in  the  Copy  of  recor<ia. 
office  of  the  State  Superintendent  of  Public  Education  shall 
in  all  cases  be  received  and  admitted  in  lieu  of  the  originals. 
The  State  Superintendent  of  Public  Education  is  authorized  to 
make  copies,  when  requested  by  any  person  so  to  do,  of  any 
papers  deposited  or  filed  in  his  office,  and  of  any  act  or  decision 
made  by  him  or  the  State  Board  of  Education  and  certify  the 
same. 

Section  40.     It  is  made  the  duty  of  the  State  Superintendent     Report  negiect  of 
of  Public  Education  to  report  to  the  State  Board  of  Education  duty. 
all  irregularities  on  the  part  of  any  parish  school  board,  or  par- 
ish superintendent,  whenever  it  may  come  to  his  knowledge. 
He  shall  hold  annually  such  conventions  of  school  officials,  su- 
perintendents   and    teachers    as    he    may  deem  necessary  for 
the  promotion  and  advancement  of  the  public  school  interests. 

Section  41.  The  Attorney  General,  when  called  upon  by  the 
State  Superintendent  of  Public  Education,  the  State  Board  of 
Education,  or  any  parish  superintendent,  when  authorized  by 
the  parish  school  board  and  its  legal  adviser,  shall  give  his 
opinion  in  regard  to  any  controversy  or  dispute  affecting  any 
such  officers  or  boards,  relating  to  their  respective  rights  or 
duties,  or  affecting  the  schools  under  their  charge,  or  any  of 
them.  The  State  Superintendent  of  Public  Education  shall 
whenever  required  give  advice,  explanations,  instructions,  or 
information  to  the  school  board  members  and  superintendents 
and  to  citizens  relative  to  the  public  school  law,  the  duties  of 
the  public  school  officers,  the  rights  ancT  duties  of  parents, 
guardians,  pupils,  and  all  officers,  the  management  of  the 
schools,  and  all  other  questions  calculated  to  promote  the  cause 
of  education.  He  shall  perform  all  other  duties  imposed  upon 
him  by  law. 

Section  42.     All  teachers'  certificates  are  revocable  by  the      certificates    re- 
State  Board  of  Education  upon  satisfactory  evidence  that  the  vocable, 
holders  are  incompetent,  unworthy  or  immoral. 

Section  43.  The  parish  superintendent  of  schools  during 
the  year  shall  visit  as  often  as  possible  each  school  in  the  parish  tenTInt  toP  visit 
and  he  shall  exert  his  best  endeavors  in  promoting  the  cause  of  schools. 
public  education.  To  this  end  he  shall  faithfully  carry  out  the 
requirements  of  the  state  school  laws  and  the-  rules  and  regula- 
tions made  for  the  schools  by  the  State  Board  of  Education. 
The  parish  school  boards  shall  have  the  authority  to  appoint 
such  assistant  superintendents,  supervisors,  stenographers^  and 
bookkeepers  as  may  be  needed,  and  such  attendance  officers, 
medical  directors,  and  such  other  appointees  as  may  be  neces- 
sary for  the  proper  and  efficient  conduct  of  the  schools,  pro- 
vided, that  no  student  shall  be  subjected  to  any  physical  exam- 
ination or  inspection  if  the  father,  mother,  or  guardian  of  such 
student  objects  thereto,  and  to  fix  their  salaries  and  prescribe 
their  duties. 


22 

Records  must  be     Section  44.     Each  parish  superintendent  shall  keep  a  record 
kept  of  all  business  transacted  by  him  as  parish  superintendent,  the 

names,  numbers  and  description  of  school  districts,  the  tabula- 
tion of  reports  of  school  principals  made  monthly  to  him  by  the 
principals  of  the  schools  of  his  parish,  and  all  other  papers, 
books  and  documents  of  value  connected  with  his  office;  and 
they  shall  be  at  all  times  subject  to  inspection  and  examination 
by  the  State  Superintendent  of  Public  Education,  or  by  any 
officer,  or  citizen.  In  addition  to  his  annual  report  to  the 
State  Superintendent  of  Public  Education,  hereinbefore  pro- 
vided for,  which  shall  be  made  in  accordance  with  instructions 
of  the  State  Superintendent  of  Public  Education,  he  shall  fur- 
nish to  the  State  Department  of  Education  such  narrative  and 
such  information  as  the  State  Superintendent  of  Public  Educa- 
tion or  the  State  Board  of  Education  may  from  time  to  time 
require  of  him. 

Section  45.     The  parish  superintendent  of  schools  may  admin- 
May    administer.  .   r  r  .  ,f  , 

oath.  ister  the  oath  required  of  any  of  the  officials  of  the  public  schools 

or  of  any  person  required  to  make  oath  in  any  manner  thereto 
except  to  qualify  school  board  members. 

office  to  be  Section  46.  The  parish  superintendent  of  schools  shall  main- 
maintained,  tain  his  office  at  a  point  in  the  parish  designated  by  the  parish 
school  board,  and  shall  keep  his  office  open  during  the  usual 
office  hours  to  receive  the  reports  of  teachers  and  others  and  to 
transact  the  business  required  of  him,  except  during  the  time 
he  is  visiting  schools  or  attending  to  his  duties  elsewhere. 

Section  47.  The  parish  superintendent  of  schools  shall  make 
eriy  report.  quarteriv  rep0rts  to  the  parish  school  board  upon  the  condition 
of  the  schools  under  his  supervision,  and  all  such  reports,  as 
well  as  all  minutes  of  the  proceedings  of  board  meetings,  shall  be 
regularly  published  in  the  official  journal  of  the  school  board. 
He  shall  keep  full  minutes  of  all  proceedings  of  the  board  in 
a  book  provided  for  that  purpose,  and  shall  do  and  perform  all 
other  acts  and  duties  pertaining  to  the  office  of  the  secretary  of 
the  board.  The  foregoing  provisions  of  this  section  shall  not  apply 
to  the  Parish  of  Orleans  and  further  provided  in  said  parish  the 
parish  superintendent  of  schools  shall  not  serve  as  secretary  or 
treasurer  of  the  parish  board.  Said  board  shall  elect  a  secre- 
tary who  shall  not  be  a  member  of  the  board  and  said  secretary 
shall  do  and  perform  all  the  acts  and  duties  pertaining  to  the 
office  of  secretary  of  the  board. 

Section  48.     If  at  any  time  a  teacher  becomes  incompetent, 
Dismissal  of  inefficient  or  unworthy  the  parish  superintendent  of  schools 
ir*  shall  immediately  report  such  fact  to  the  school  board  of  his 

parish,  and  the  said  board  shall  take  such  action  as  the  nature 
of  the  case  warrants;  provided,  that  in  no  case  shall  a  teacher 
be  discharged  without  the  opportunity  of  a  hearing.  Any 
teacher  dismissed  under  the  above  provisions  shall  receive  pay- 
ment for  services  for  the  current  month. 


23 

Section  49.     No  person  shall  be  appointed  to  teach  without    contract  with 
a  written  contract  for  the  scholastic  year  in  which  the  school  teachers, 
is  to  he  taught,  and  who  shall  not  hold  a  certificate  provided 
for  by  this  Act  of  a  grade  sufficiently  high  to  meet  the  require- 
ments of  the  school,  and  it  is  made  the  duty  of  the  parish  super- 
intendent of  schools  to  ascertain  definitely  before  contracting 
with  a  teacher  that  such  teacher  holds  a  certificate  issued  by 
the  Louisiana  State  Board  of  Education. 

Section  50.     It  shall  be  the  duty  of  parish  superintendents  of     Teachers  to  keep 
schools  and  teachers  of  the  public  schools  of  the  state  to  make  and  record   and     make 
keep  such  school  records  as  shall  be  prescribed  by  the  State  Super-  report 
intendent  of  Public  Education,  prior  to  receiving  their  monthly 
salaries  at  the  end  of  each  month.     Each  principal  of  a  school 
shall  make  to  the  parish  superintendent  of  schools  such  reports 
as  may  be  required.     If  any  principal  wilfully  neglects  or  fails 
to  do  this,  the  parish  superintendent  of  schools  may  withhold  the 
salary  due  until  the  report  is  satisfactorily  made. 

Section  51.  The  superintendent  of  the  public  schools  in  every  Treasurer 
parish  (the  Parish  of  Orleans  excepted)  shall  be  and  is  hereby 
constituted  the  treasurer  of  all  school  funds  appropriated  by 
the  state  in  such  parish,  or  raised,  collected,  or  donated 
therein,  for  the  support  of  the  public  schools;  he  shall 
receipt  for  all  such  funds  to  the  Treasurer  of  the  State 
and  to  the  collector  of  parish  taxes.  The  parish  school  treasurer 
shall  give  an  indemnity  bond  in  such  sum  as  may  be 
determined  by  the  parish  school  board,  made  in  favor  of  the 
Governor  of  the  State,  or  his  successors  in  office,  and  the  parish 
school  board  shall  pay  the  premium  of  said  bond.  Tke  super- 
intendent of  public  schools  shall  receive  no  compensation  what- 
ever for  his  services  as  school  treasurer.  The  said  treasurer 
shall  deposit  the  school  funds  in  such  bank  or  banks  as  may  be 
designated  by  the  parish  school  board  under  the  provisions  of 
the  law. 

Section   52.    The  said  treasurer,   immediately  upon  his   ap-     Treasurer  to  take 
pointment,  shall  demand  of  his  predecessor  in  the  office   of  funds,  etc.,  of  pre- 
treasurer  the  school  funds  in  his  hands  as  custodian  of  the  d< 
school  funds  of  the  parish. 

Section  53.     The  depository  of  the  Parish  School  Board  funds 
shall  pay  out  the  school  funds  intrusted  to  its  charge  only  on  oufUon?yt°one  war- 
warrant  signed  by  the  President  and  Treasurer  of  the  Parish  rant- 
School  Board.     These  warrants  shall  be  numbered  and  shall 
specify  on  the  face  to  whom  and  for  what  they  are  given.  When 
the  depository  of  the  Parish  School  Board  funds  shall  return 
the  above  mentioned  warrants  to  the  school  treasurer  they  shall 
be  filed  in  his  office  by  him  as  vouchers. 

The  accounts  kept  by  the  Treasurer  of  the  school  funds  shall  be 
subject  to  examination  by  any  one  who  chooses  to  examine  them. 

Section  54.     Every  teacher  shall  have  the  power  and  author- 
ity to  hold  every  pupil  to  a  strict  accountability  for  any  dis-  "*  P°wer 


24 

orderly  conduct  in  school  or  on  the  playgrounds  of  the  school, 
on  the  street  or  road  while  going  to  or  returning  from  school, 
or  during  intermission  or  .recess;  and  the  principal  of  the  school 
shall  have  authority  to  suspend  from  school  any  pupil,  for  good 
cause,  pending  a  hearing  before  the  parish  superintendent  of 
schools,  whose  decision  on  the  merits  of  the  case,  as  well  as  the 
term  of  suspension,  shall  be  final,  reserving  the  right  to  the 
superintendent  of  schools  to  remit  any  portion  of  the  time  of 
suspension. 

Section  55.     Each  teacher  of  any  school  in  this  state  sup- 
to Deceive  saiary!edPor^e(i  wholly  or  in  part  from  public  money  shall,  before  receiv- 
ing any  remuneration  for  services  rendered  in  said  capacity  be 
fully  qualified  under  the  provisions  of  this  Act  to  teach  in  the 
public  schools  of  this  state  and  shall  have  been  employed  by  the 
public  school  authorities  authorized  to  employ  teachers. 
u  !/••         Section  56.     Teachers  now  holding  certificates  which  are  in 

Teachers    holding  •  -i       -i  •   i  -i  t>          •  -,  i 

certificates  not  to  force  and  which  were  heretofore  issued,  as  the  result  of  an  ex- 
be  examined.  animation  held  under  the  authority  of  law  shall  not  be  required 
to  undergo  an  examination  under  the  provisions  of  this  Act,  but 
such  certificates  are  continued  in  force  for  their  respective 
grades  and  for  the  time  provided  for  in  the  law  under  which 
they  were  granted.  After  this  Act  goes  into  effect  no  person 
shall  be  appointed  as  teacher  in  the  public  schools  of  the  State 
unless  he  or  she  holds  a  proper  certificate. 

Section  57.  Teachers  shall  faithfully  enforce  the  school 
course  of  study  and  the  regulations  prescribed  in  pursuance  of 
law ;  and  if  any  teacher  shall  wilfully  refuse  or  neglect  to  comply 
with  such  requirements,  the  parish  superintendent  shall  withhold 
the  salary  of  such  teacher  until  the  teacher  properly  performs  his 
or  her  duties  in  such  respect. 

Must    have    ten     Section  58.     No  school  with  an  average  attendance  below  ten 

pupils.  "  pupils  shall  be  opened  or  maintained  in  any  locality,  except 

upon  recommendation  of  the  parish   school  board,   giving  its 

reason  for  such  recommendation,   and  upon   approval  by  the 

Louisiana  State  Board  of  Education. 

Children  may  at-  Section  59.  Children  for  whom  adequate  schools  of  suitable 
oirSn&^a1?  iThes^  grade  have  not  been  provided  in  their  home  parish  may  attend 
rneH-  schools  in  an  adjoining  parish.  In  such  cases  permits  shall  be 

secured  from  the  parish  superintendent  of  the  children's  home 
parish,  and  after  they  have  been  approved  by  the  parish  superin- 
tendent of  the  parish  in  which  the  schools  that  the  children  desire 
to  attend  are  located  they  shall  be  presented  to  the  principals  of 
the  schools  which  the  children  wish  to  attend,  who  ^hall  be  re- 
quired to  admit  the  children  and  provide  for  their  instruction  the 
same  as  if  they  were  residents  of  the  parish.  The  superintendent 
of  the  children 's  home  parish  shall  settle  monthly  for  the  instruc- 
tion of  such  children  as  shall  take  advantage  of  the  provisions 
of  this  section,  the  settlement  to  be  on  the  basis  of  the  monthly 
per  capita  cost  of  instruction  in  the  children's  home  parish. 


25 

Children  living  beyond  the  limits  of  a  city  which  supports 
and  operates  public  schools  separate  and  apart  from  the  sys- 
tem of  schools  under  the  jurisdiction  of  the  parish  school  board, 
and  having  the  right  under  the  Constitution  to  charge  for  the 
instruction  of  children  not  residents  of  the  city,  may  attend  the 
schools  of  such  city,  provided  the  parish  school  board  does  not 
operate  adequate  schools  of  suitable  grade  for  the  benefit  of 
such  children.  Pupils  desiring  to  take  advantage  of  the  pro- 
visions of  this  section  shall  secure  permits  from  the  parish  su- 
perintendent of  their  home  parish,  which  permits  shall  be  ap- 
proved by  the  city  superintendent  of  the  city  schools  which 
the  children  des're  to  attend,  who  shall  designate  on  the  permits 
the  schools  which  the  children  are  to  attend.  The  Parish  Su- 
perintendent shall  settle  monthly  for  the  instruction  of  such 
of  the  parish  children  as  shall  attend  the  city  schools  under  the 
provisions  of  this  section,  the  settlement  to  be  on  the  basis  of 
the  per  capita,  cost  of  instruction  in  the  schools  which  operate 
under  the  jur'sdiction  of  the  parish  school  board. 

No  incidental  or  tuition  fee  shall  be  charged  against  any  child 
attending  a  public  school. 

Section  60.  The  branches  of  spelling,  reading,  writing,  draw- 
ing, arithmetic,  geography,  grammar,  United  States  history,  ta25J£ches  to  be 
and  health,  including  the  evil  effects  of  alcohol  and  nar- 
cotics, shall  be  taught  in  every  elementary  school.  In  addition 
to  these,  such  other  branches  shall  be  taught  as  the  State  Board 
of  Education,  or  the  provisions  of  the  State  Constitution,  may 
require.  The  minimum  daily  session,  exclusive  of  all  recesses, 
of  every  public  school  shall  be  five  hours,  provided  that  this 
shall  not  be  construed  so  as  to  prevent  half-day  sessions  where 
the  school  accommodations  are  insufficient  for  all  the  pupils  of 
the  district  in  a  whole-day  session.  Nor  shall  it  interfej-e  with 
any  arrangement  made  for  the  conduct  of  kindergarten  schools; 
provided,  that  in  the  parish  of  Orleans  the  school  board  may 
fix  the  hours  of  the  daily  session  of  the  public  schools.  A  school 
week  shall  consist  of  five  days  and  a  school  month  of  twenty 
days. 

Section  61.  The  free  right  of  passage  over  all  public  ferries, 
bridges,  and  roads  which  are  leased  out  by  the  State,  parish  or  fr  ™to  school  S3?- 
mnnicipality,  or  over  which  the  State  or  parish  or  municipality  dren. 
exercises  any  control,  or  for  which  license  is  paid  or  toll  exacted, 
be  and  is  hereby  granted  to  all  children  attending  schools;  and 
no  tolls  or  fees  shall  be  demanded  or  exacted  from  said  children 
by  keepers  or  attendants  of  said  ferries,  bridges,  or  roads,  in 
their  passage  to  and  from  school  between  the  hours  of  seven  (7) 
o'clock  a.  m.  and  nine-thirty  (9:30)  a.  m.,  and  two-thirty  (2:30) 
o'clock  p.  m.,  and  six  (6)  o'clock  p.  m.,  provided  that  on  Sun- 
days and  holidays  no  children  shall  have  the  right  to  cross  said 
such  ferries,  bridges,  or  roads  on  terms  different  from  those  of 
any  ordinary  passenger. 


26 

Section  62.     Educational  institutions  of  this  state  which  are 

Standards  for          ,.,,  .,  ,.   .-,       T       •  ••    , 

teachers.  authorized  by  special  acts  of  the  Legislature,  or  may  be  so  au- 

thorized in  the  future,  to  issue  diplomas  or  confer  degrees,  shall 
be  required  to  meet  the  following  standards  before  the  grad- 
uates of  such  institution  shall  be  eligible  to  teach  in  the  public 
schools  without  being  required  to  pass  the  examination  for 
teachers '  certificates. 

(a)  In  case  of  normal  schools,  at  least  a  two-year  course  in 
advance  of  the  Louisiana  high  schools,  and  such  schools  must 
maintain  and  operate  practice  schools  having  sufficient  teach- 
ing force. 

(b)  In  the  case  of  colleges,  four-year  courses  in  advance  of 
Louisiana  high  schools. 

Graduates  of  all  Louisiana  schools  as  well  as  schools  located 
in  other  states  meeting  the  standard  outlined  in  this  section, 
shall  be  exempted  from  all  examinations  required  of  teachers, 
but  all  other  persons  shall  be  examined  in  all  subjects  required 
of  applicants  for  teachers'  certificates. 

Section  63.  The  school  board  of  Orleans  Parish  shall  consist 
of  five  members  elected  at  large  in  the  Congressional  elections. 
The  members  now  in  office  shall  serve  out  their  terms  and  their 
successors  shall  be  elected  for  terms  of  six  years;  provided  that 
the  names  of  all  candidates  for  election  to  the  Orleans  Parish 
School  Board  shall  be  placed  in  alphabetical  order  in  a  separate 
Orleans  parishColumn  of  the  ballot  under  the  heading  "ORLEANS  PARISH 
school  Board.  SCHOOL  BOARD"  without  reference  to  party  affiliation  or 
any  other  individual  designation  whatsoever,  and  that  the  said 
candidate  shall  be  nominated  by  nomination  papers  only,  signed 
for  each  candidate  by  not  less  than  one  hundred  qualified  voters 
of  the  Parish  of  Orleans.  The  said  nomination  papers  shall 
be  furnished,  prepared,  subscribed,  certified,  and  promulgated 
in  the  manner  and  form  provided  for  by  the  general  election  law 
i.  e.,  Act  152  of  1898,  as  amended  by  subsequent  acts,  or  by  laws 
on  the  subject  matter  insofar  as  the  provision  of  said  acts  are 
not  in  conflict  herewith,  provided  that  nomination  pa- 
pers shall  be  filed  with  the  Secretary  of  State  before  five  o'clock 
p.  m.,  on  the  fourth  Tuesday  before  the  day  of  election,  and 
provided  further  that  the  making,  having  in  possession,  or  dis- 
tribution of  any  sample  ballot,  marked  ballot  or  any  other  de- 
vice of  any  kind  whatsoever  whereby  attention  shall  be  directed 
to  the  name  of  any  nominee  for  the  Orleans  Parish  School  Board 
as  a  factional  candidate  is  hereby  declared  to  be  a  misdemeanor 
punishable  by  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  parish 
prison  for  a  term  of  not  less  than  three  months  nor  more  than 
six  months,  or  both  at  the  discretion  of  the  Court.  The  members 
shall  have  the  same  qualifications  as  those  in  the  other  parishes 


27 

of  the  State.     The  members  of  the  board  shall  serve  without     vacancies-    how 
pay,  and  the  board  shall  meet  monthly  and  at  such  called  meet-  fined. 
ing  as  the  president  may  require.     All  vacancies  in  the  member- 
ship of  the  board  caused  by  death,  resignation,  or  otherwise 
shall  be  filled  by  appointment  by  the  Governor.    All  laws  and 
rules  and  regulations  of  the  State  Board  of  Education  govern- 
ing  other   parish   school   boards   throughout   the    State   shall 
govern  the  Orleans  Parish  School  Board,  except  as  this  Act 
may  otherwise  specifically  provide. 

Section  64.  The  Orleans  Parish  School  Board  shall  have 
authority  to  make  appropriations  annually  out  of  any  of  its  make* a 
funds  to  the  Teachers'  Retirement  Fund  of  the  Public  Schools  tions. 
of  the  Parish;  provided  such  appropriation  shall  not  be  less 
than  thirty  thousand  dollars*  ($30,000.00)  each  year.  The 
Board  may  make  additional  appropriations  to  be  used  as  a 
special  fund  for  such  aged  and  infirm  teachers  as  are,  under  the 
laws  now  existing  and  in  effect,  receiving  less  than  twenty-five 
dollars  a  month. 

Section  65.  The  Orleans  Parish  School  Board  shall  have  Normal  schools 
authority  to  maintain  one  or  more  normal  schools  for  the  pro- 
fessional training  of  teachers.  The  course  of  study  pursued  in 
such  schools  must  be  approved  by  the  State  Board  of  Educa- 
tion. All  graduates  of  these  normal  schools  shall  be  awarded 
diplomas. 

Section   66.     The   Orleans  Parish   School  Board  shall  have     To 
authority  to  prepare  courses  of  study  for  use  in  the   public  courses  Pof  eistudy 
schools  of  Orleans  Parish,  which  courses  of  study  must  be  ap-  ^Jokg81  d  ° p  t  text 
proved  by  the  State  Board  of  Education;  and  to  adopt  text- 
books for  use  in  the  public  schools  of  Orleans  Parish  subject  to 
the  approval  of  the  State  Board  of  Education. 

All  teachers  holding  proper  certificates  now  employed  in 
said  public  schools  of  Orleans  parish  shall  be  regarded  as  per-  teachers.111 
manent  employees  of  said  board,  and  said  teachers  shall  not  be 
removed  from  office  except  on  written  charges  of  immorality, 
neglect  of  duty,  incompetency,  malfeasance  or  non-feasance  of 
which  he  has  been  found  guilty  by  the  board  after  investigation 
and  report,  and  further  provided  that  all  teachers  herein- 
*  after  appointed  in  said  schools  shall  be  appointed  annually 
for  the  first  three  years  after  which  time  the  appointment 
may  be  made  permanent  by  the  Board  if  the  teacher  is  found 
satisfactory. 

Section   67.     The   Commissioner  of  Public   Finances  of  the     Commissioner  of 
City  of  New  Orleans  shall  be  ex-officio  treasurer  of  the  Orleans  pubite™inam?es  It 
Parish  School  Board.     He  shall  give  an  indemnity  bond  of  not  Sce.off?cioeatreal?.re? 
less  than  fifty  thousand  dollars   ($50,000.00)   in  favor  of  the  of  Board. 
Governor  of  the  State  of  Louisiana  or  his  successor  in  office. 

Section  68.     The  Orleans  Parish  school  board  or  its  successor     H  0  w     revenues 
in  law,  shall  secure  its  revenues  as  provided  in  the  Constitution  shall  be  secured. 
of  the  State. 


28 

Section  69.     That  all  laws  or  parts  of  laws  in  conflict  here- 
with be  and  the  same  are  hereby  repealed. 
Approved  by  the  Governor: 
July  13,  1922,  1  p.  m. 


ACT   No.   103. 

Senate  Bill  No.  120.  By  Mr.  Delos  R.  Johnson. 

Substitute  for  Senate  Bill  No.  42. 

AN  ACT 

To  make  it  unlawful  for  any  unauthorized  person  to  go  upon 
the  grounds  of  State  Schools  where  dormitories  for  girls  and 
women  are  maintained  or  operated,  and  to  provide  a  pen- 
alty. 

Unlawful   to  en-     Section  1.     Be  it  enacted  by  the  Legislature  of  Louisiana, 

out  ^e™rnTssion7ith~ That  **  shal*  ^e  unlawM  f°r  anv  unauthorized  person  to  enter 
upon  the  premises  or  grounds  of  any  State  School  or  institu- 
tion where  dormitories  for  girls  and  women  are  maintained  or 
operated. 

Penalty.  Section  2.     That  any  person  violating  the  provisions  of  this 

Act  shall  be  guilty  of  a  misdemeanor  and  on  conviction  shall  be 
sentenced  to  pay  a  fine  of  not  less  than  Ten  ($10.00)  Dollars, 
nor  more  than  One  Hundred  ($100.00)  Dollars,  or  be  imprison- 
ed in  the  parish  jail  for  a  period  of  not  less  than  ten  (10)  days, 
nor  more  than  six  (6)  months,  or  both  at  the  discretion  of  the 
Court. 

Approved  by  the  Governor: 
July  13,  1922,  1:00  p.  m. 


ACT  No.  105. 
House  Bill  No.  127.  By  Mr.  Womack. 

A  JOINT  RESOLUTION 

Proposing  an  amendment  of  Section  5  of  Article  XII  of  the  Con- 
stitution relative  to  Public  Education. 

Section  1.  Be  it  resolved  by  the  Legislature  of  Louisiana, 
two-thirds  of  the  members  elected  to  each  House  concurring 
herein ;  That  at  the  next  election  for  representatives  in  Congress 
to  be  held  throughout  the  State  on  the  7th  day  of  November 
1922,  there  shall  be  and  is  hereby  submitted  to  the  electors,  for 
their  approval  or  rejection,  in  the  manner  provided  by  the  con- 
stitution and  general  election  laws  of  the  state,  a  proposition 


29 

to  amend  Section  5  of  Article  XII  of  the  Constitution  of  1921, 
so  as  to  read  as  follows : 

"Section  5.  There  shall  be  elected  by  the  people  at  each 
succeeding  general  election  a  State  Superintendent  of  Public 
Education,  who  shall  be  ex-officio  Secretary  of  the  Board,  and 
whose  salary  shall  be  fixed  by  the  State  Board  of  Education 
at  not  less  than  Five  Thousand  ($5,000.00)  Dollars,  nor  more 
than  Seven  Thousand  Five  Hundred  ($7,500.00)  Dollars,  pay- 
able monthly  on  his  own  warrant." 

And  if  a  majority  of  the  electors  voting  on  said  proposition 
vote  in  favor  thereof  the  aforementioned  Article  and  Section 
of  the  Constitution  shall  be  so  amended. 

Section  2.     There  shall  be  printed  upon  the  ballot;  "For  the 
amendment  to  section  five  (5)  article  twelve  (12)  of  the  Consti- 
tution of  1921;"  and  "against  the  amendment  to  article  five 
(5)  section  twelve  (12)  of  the  Constitution  of  1921;"  and  each 
elector  shall  indicate,  as  provided  in  the  general  election  laws 
in  this  State,  whether  he  vote  for  or  against  said  amendment. 
Approved  by  the  Governor: 
July  13,  1922,  1 :15  p.  m. 


ACT  No.  109. 

House  Bill  No.  310.  By  Mr.  Moyse. 

AN  ACT 

To  authorize  the  City  of  Baton  Rouge,  through  its  proper  offi- 
cer, to  sell,  transfer  and  convey  to  the  East  Baton  Rouge 
Parish  School  Board  a  certain  square  of  ground  designated 
on  the  plan  of  the  said  city  as  Square  No.  232,  for  the  sum 
of  Twenty-Five  Thousand  and  no-100  Dollars  ($25,000.00), 
to  be  paid  in  cash,  due  proof  having  been  made  that  due 
notice  was  given  in  compliance  with  Section  Six  of  Article 
Four  of  the  Constitution  of  this  State,  and  to  provide  for 
the  dedication  and  disposition  of  the  proceeds  received  from 
said  sale. 

Section   1.    Be   it   enacted   by  the  Legislature  of   Louisiana     City  of  Baton 
that  the  City  of  Baton  Rouge,  through  its  proper  officer,  is  R  o  u  s  e  authorized 
hereby  authorized  and  empowered  to  sell,  transfer  and  convey  e?ty6  toC<Eastn Baton 
to  the  East  Baton  Rouge  Parish  School  Board  a  certain  square  fc£o0f  eBoard r  i  8h 
of  ground  situated  in  that  part  of  the  City  of  Baton  Rouge, 
known  as  Fuqua  &  Lamon  Town,  and  designated  on  the  plan 
of  said  city  according  to  the  official  map  thereof  made  by  R. 
Swart,   Surveyor,   as   Square   No.   232,   bounded   by   Louisiana 
Avenue,  Spain,  Poland  and  Dufrocq  Streets,  for  the  sum  and 
price  of  Twenty-Five  Thousand  Dollars,  to  be  paid  in  cash. 


30 

Mayor  authorized      Section  2.     That  the  Mayor  of  said  City  of  Baton  Rouge  is 
to  convey   title  to  hereby  authorized  to  make  said  sale  and  to  execute  such  deeds 
and  do  all  other  acts  and  things  necessary  to  convey  a  clear  title 
to  said  school  board,  without  the  delays  and  formalities  pre- 
scribed by  the  charter  of  said  City  of  Baton  Rouge. 

Proceeds  of  sale ;  Section  3.  The  said  property  having  been  originally  ac- 
how  dedicated.  quired  with  funds  realized  from  bonds  voted  for  the  purpose  of 
acquiring  a  site  and  erecting  a  city  hospital  thereon,  the  money 
realized  from  the  sale  of  the  said  property  shall  be  used  for  such 
purpose,  unless  the  funds  so  realized  shall  be  dedicated  to  a 
different  purpose  or  purposes  by  a  vote  of  the  qualified  prop- 
erty holders  of  the  City  of  Baton  Rouge,  Louisiana,  as  herein- 
after more  fully  set  forth. 

Special  election.  Section  4.  At  any  time  prior  to  the  use  of  the  funds  for  the 
purpose  stated  in  Section  3,  a  petition,  signed  by  not  less  than 
twenty  per  cent  of  the  resident  property  taxpayers  of  said 
city,  qualified  to  vote  under  the  constitution  and  laws  of  this 
state,  may  be  presented  to  the  governing  body  of  the  said  city, 
requesting  the  said  governing  body  to  submit  to  the  resident 
property  taxpayers  of  the  said  city,  qualified  to  vote  under  the 
Constitution  and  laws  of  the  State  of  Louisiana,  the  question 
whether  or  not  the  said  funds  should  be  used  for  the  purpose 
or  purposes  stated  in  the  said  petition.  If  the  governing  au- 
thority finds  the  purpose  or  purposes  legal,  and  after  it  has 
satisfied  itself  of  the  qualifications  of  the  petitioners,  it  shall 
adopt  an  ordinance,  calling  a  special  election  to  be  held  within 
ninety  days  after  the  receipt  of  the  petition,  at  which  the  dis- 
position of  the  funds,  as  suggested  in  the  said  petition,  shall 
be  submitted  to  the  resident  property  taxpayers,  qualified  to 
Notice  of  eiectibn.  Vote,  as  aforesa'd.  Notice  of  such  election  shall  be  given  by 
publication  in  a  newspaper  published  in  the  City  of  Baton 
Rouge,  Louisiana,  not  less  than  once  a  week  for  thirty  days 
immediately  preceding  the  election.  Such  notice  shall  state 
the  purpose  of  the  election,  the  date  on  which  it  shall  be  held,  the 
location  of  the  polling  booths,  and  the  hour,  date  and  place  at 
which  the  ballot  boxes  shall  be  opened,  the  returns  canvassed 
^  Act  46  of  1921  to  and  the  results  declared  by  the  said  governing  body.  The  said 
election  shall  be  held  and  the  results  declared  under  the  pro- 
visions of  Act  46  of  1921,  except  where  the  latter  conflicts  with 
the  present  act,  in  which  case  the  present  act  shall  govern. 

Form  of  ballot.  Section  5.  The  ballot  used  when  voting  shall  contain  the 
following: 

Shall  the  funds  realized  from  the  sale  of  the  hospital     Yes  D 
site  be  used  for   (state  purpose  or  purposes)  ?  No  [J 

Taxable  Valuation  $ 

Signature  of  Voter. 


31 

Notice  to  Voters:  To  vote  in  favor  of  the  proposition  sub- 
mitted on  this  ballot,  place  a  cross  (x)  mark  in  the  square  after 
the  word  "Yes;"  to  vote  against  it,  place  a  similar  mark  after 
the  word  "No." 

Section  6.  If  a  majority  of  the  qualified  property  taxpayers, 
in  both  number  and  amount,  voting  in  the  said  election,  shall  ectlon< 

vote  in  favor  thereof,  the  proposition  shall  be  declared  carried, 
and  the  funds  aforesaid  shall  be  used  for  the  purpose  or  pur- 
poses provided  for  in  said  proposition.  Not  more  than  one  elec- 
tion shall  be  held  in  any  period  of  six  months  to  vote  on  the 
disposition  of  said  funds. 

Section  7.  Any  person  in  interest  shall  have  sixty  days  from 
the  promulgation  of  the  results  of  said  election  in  which  to  at-  ing  001 

tack  same.     After  that  period  no  attack  on  the  election,  the 
reularity  thereof,  or  the  disposition  of  the  funds  in  accordance 
with  the  results  of  said  election,  shall  be  considered  by  any  court. 
Approved  by  the  Governor: 
July  13,  1922,  1 :15  p.  m. 


ACT  No.  111. 

House  Bill  No.  349.  By  Mr.  Byrne. 

AN  ACT 

To  amend  and  re-enact  Section  1  of  Act  74  of  1920,  entitled, 
"An  Act  to  provide  for  the  compulsory  attendance  of  men- 
tally or  morally  deficient  children  in  special  classes  or 
schools  organized  and  maintained  by  the  parish  school 
boards  for  their  benefit,  providing  a  penalty,  giving  parish 
school  boards  authority  to  furnish  free  textbooks  under 
certain  conditions,  and  repealing  all  laws  in  conflict.  '  ' 

Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana, 
That  Section  1  of  Act  74  of  1920  be  amended  and  re-enacted  so 
as  to  read  as  follows: 

"Section  1.     Be  it  enacted  by  the  Legislature  of  Louisiana,  ^  classes  for 

That  the  parish  school  boards  shall  have  authority  to  organize  me£tai?y,  °  moral  i°y 


and  maintain  special  classes  or  schools  for  the  benefit  of  men-g^^^^  defi' 
tally,  morally,  or  physically  deficient  children  whose  needs  can- 
not be  properly  cared  for  in  regular  public  schols." 
Approved  by  the  Governor  : 
July  13',  1922,  1  p.  m. 


ACT  No.  117. 

Senate  Bill  No.  103.  By  Mr.  Browne. 

AN  ACT 

To  provide  for  the  compulsory  school  attendance  of  children 
between  the  ages  of  seven  and  fourteen  years  both  inclu- 
sive, providing  a  penalty,  giving  parish  school  boards  au- 


32 

thority  to  furnish  free  textbooks  under  certain  conditions, 
to  make  such  rules  and  regulations  as  may  be  necessary  to 
carry  out  the  provisions  of  this  Act,  and  repealing  all  laws 
in  conflict,  Parish  of  Orleans  excepted. 

Compulsory  at-  Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana, 
tendance  in  schools.  That  every  parent,  guardian  or  other  person  residing  within 
the  State  of  Louisiana  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  seven  and  fourteen  years 
both  inclusive,  shall  send  such  child  or  childern  to  a  public  or  pri- 
vate day  school  under  such  penalty  for  non-compliance  herewith 
as  is  hereinafter  provided. 

Section-  2.     That  the  minimum  session  of  attendance  required 

nimum  session.  under  ^  Act  ^j  fee  Qne  hun(ired  f orty  days  Qr  for  the  full 

session  of  the  public  schools  where  the  public  school  session  is 
one  hundred  forty  days  or  less. 

who  re  x  m  t  Section  3-  Tllat  tne  following  classes  of  children  between  the 
?t'ages  of  seven  and  fourteen  years  shall  be  exempted  from  the 
provisions  of  this  Act,  the  Parish  School  Board  to  be  sole  judge 
in  all  such  cases;  (a)  Children  mentally  or  physically  incapaci- 
tated to  perform  school  duties,  (b)  Children  who  have  com- 
pleted the  ( lementary  course  of  study,  (c)  Children  living  more 
than  two  and  one-half  miles  from  a  school  of  suitable  grade  and 
for  w!  om  free  transportation  is  not  furnished  by  the  school 
Board,  (d)  Children  for  whom  adequate  school  facilities  have 
not  been  provided,  (e)  Children  whose  services  are  needed  to 
support  widowed  mothers. 

Penalty  for  vio-  Section  4.  That  all  cases  of  violation  of  the  foregoing  pro- 
lation.  visions  by  any  parent,  guardian  or  other  person  having  control 

of  children  shall  be  tried  in  the  proper  courts  having  jurisdic- 
tion, and  the  penalty  for  every  violation  of  any  of  said  pro- 
visions shall  be  a  fine  not  exceeding  $10  dollars  or  not  exceeding 
ten  days  in  jail,  or  both,  at  the  discretion  of  the  court. 

Delinquent  chii-  Section  5.  That  all  cases  of  non-attendance  of  children  at 
dren-  schools,  as  above  required,  which  is  not  due  to  the  fault  of  the 

parent,  guardian,  or  other  person  having  control  of  such  chil- 
dren, on  account  of  failure  to  comply  with  the  foregoing  pro- 
visions, but  due  to  truancy  on  the  part  of  the  child  or  children 
shall  be  considered  as  delinquency  and  such  child  or  children, 
shall  be  reported  to  the  juvenile  Court  as  delinquent  children 
there  to  be  dealt  with  in  such  manner  as  the  Judge  of  said 
court  may  determine,  either  by  placing  said  delinquent  in  a 
home,  public  or  private  institution,  where  school  may  be  pro- 
vided for  said  children,  or  otherwise. 

Truancy  defined.  Section  6.  That  truancy  as  used  in  this  article  is  defined  as 
absence  from  school  without  reasonable  excuse. 

Rules  and  re&u-  Section  7.  That  the  Parish  School  Boards  may  make  such 
lations.  rules  and  regulations  as  may  be  necessary  in  order  to  carry  out 

the  provisions  of  this  Act. 


33 

Section  8.     That  parish  school  boards  shall  have  authority  to     Furnishing   text- 
furnish  textbooks  free  to  children  whose  parents  or  guardians  books, 
are  unable  to  provide  same. 

Section  9.    That  all  laws  or  parts  of  laws  in  conflict  with  the 
provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 
Approved  by  the  Governor  : 
July  13,  1922,  4  :30  p.  m. 


ACT  No.  125. 

House  Bill  No.  162.  By  Mr.  Hamley. 

AN  ACT 

To  provide  for  the  acceptance  of  the  benefits  of  an  act  passed  by 
the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled  (H.  R.  4438,  approved 
June  2,  1920)  entitled,  "An  act  to  provide  for  the  promotion 
of  vocational  rehabilitation  of  persons  disabled  in  industry 
or  otherwise  and  their  return  to  civil  employment";  and  to 
provide  for  the  administration  of  same. 

Section  1.    Be  it  enacted  by  the  Legislature  of  Louisiana,  That    Accepting  bene- 
the  State  of  Louisiana  does  hereby,  through  its  Legislature,  ac-  fits  of  Act  of  Con- 
cept the  provisions  and  benefits  of  the  Act  of  Congress,  entitled, sr 
4 '  An  act  to  provide  for  the  promotion  of  vocational  rehabilitation 
of  persons  disabled  in  industry  or  otherwise  and  their  return  to 
civil  employment,"  approved  June  2,  1920,  and  will  observe  and 
comply  with  all  requirements  of  said  Act. 

Section  2.    The  board  designated  or  created  as  the  State  Board     state    Board    of 
for  Vocational  Education  to  cooperate  with  the  Federal  Board  Vocational   Educa- 
for  Vocational  Education  in  the  administration  of  the  provisions  ^?tn  FederaTloar^ 
of  the  Vocational  Education  Act,  approved  February  23,  1917, 
is  hereby  designated  as  the  State  Board  to  cooperate  with  the  said 
Federal  Board  in  carrying  out  the  provisions  and  the  purposes 
of  said  Federal  Act  providing  for  the  vocational  rehabilitation 
of  persons  disabled  in  industry  or  otherwise. 

Section  3.    It  shall  be  the  duty  of  the  State  Board,  designated     state    £oard    to 
to  cooperate  as  aforesaid  in  the  administration  of  the  Federal  formulate  plan  of 
Act,  and  the  Labor  Commissioner  of  Louisiana,  to  formulate  aco 
plan  of  cooperation  in  accordance  with  the  provisions  of  this  act 
and  said  act  of  Congress,  such  plan  to  become  effective  when 
approved  by  the  Governor  of  the  State. 

Section  4.    The  State  Treasurer  is  hereby  designated  and  ap-     state  Treasurer 
pointed  custodian  of  all  monies  received  by  the  State  from  ap- custodian  <*  funds- 
propriations  made  by  the  Congress  of  the  United  States  for  the 
vocational  rehabilitation  of  persons  disabled  in  industry  or  other- 
wise, and  is  authorized  to  receive  and  provide  for  the  proper 
custody  of  the  same  and  to  make  disbursement  therefrom  upon 
the  requisition  of  the  State  Board  for  Vocational  Education. 


34 

Duty  of  state      Section  5.    The  State  Board  designated  to  cooperate  as  af ore- 
Board  in  accepting  said  in  the  administration  of  the  Federal  Act,  is  hereby  authoriz- 
>ns*  ed  and  empowered  to  receive  such  gifts    and    donations,    either 
from  public  or  private  sources  as  may  be  offered  unconditionally, 
or  under  such  conditions  related  to  the  vocational  rehabilitation 
of  persons  disabled  in  industry  or  otherwise  as  in  the  judgment 
of  the  State  Board  are  proper  and  consistent  with  the  provisions 
of  this  act.   All  the  monies  received  as  gifts  or  donations  shall 
be  deposited  in  the  State  Treasury  and  shall  constitute  a  per- 
manent fund  to  be  called  the  special  fund  for  the  vocational  re- 
habilitation  of  disabled  persons.    A  full  report  of  all  gifts  and 
.,  Jte~  donations  offered  and  accepted,  together  with  the  names  of  the 

habilitation    of   dis-   ,  ,    ,,  ..  ,    .,      .     ,  ,  ,      „ 

abied  persons.          donors  and  the  respective  amounts  contributed  by  each,  and  all 
disbursements  therefrom  shall  be  submitted  annually  to  the  Gov- 
ernor of  the  State  by  the  State  Board. 
Approved  by  the  Governor: 
July  13,  1922,  4:40  p.  m. 


ACT  No.  128. 

House  Bill  No.  305.  By  Mr.  Humphries,  J.  E. 

AN  ACT 

To  amend  and  reenact  Section  Three  (3)  of  Act  No.  24  of  1915, 
entitled  "An  Act  to  authorize  the  Board  of  School  Directors 
of  Caldwell  Parish  to  provoke  a  judicial  liquidation  of  the 
property,  funds,  and  affairs  of  the  Pine  Grove  Academy, 
incorporated  by  the  State  of  Louisiana,  by  Act  76  of  1838, 
and  re-incorporated  by  Act  195  of  1860,  and  especially  em- 
powering said  Judicial  Liquidator  to  sue  for  and  to  recover 
and  to  administer  the  property  donated  to  said  Pine  Grove- 
Academy  by  Hyams  and  Chew,  and  Daniel  W.  Coxe,  which 
donations  were  confirmed  by  the  Congress  of  the  United 
States  on  July  29th,  1854:"  due  notice  of  the  intention  of 
applying  for  the  passage  hereof  having  been  published  as  re- 
quired by  Section  6  of  Article  4  of  the  Constitution  of  Lou- 
'  isiana  and  evidence  thereof  exhibited  to  the  Legislature. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana  that 
Section  Three  (3)  of  Act  No.  24  of  1915,  approved  on  June  11, 
1915,  be  amended  and  reenacted  so  as  to  read  as  follows : 

"Section  3.  That  the  said  Judicial  Liquidator  shall  be  au- 
Saie  of  property,  thorized  to  sell  at  private  sale  all  of  the  property  belonging  to  or 
recovered  for  the  said  Pine  Grove  Academy  as  a  whole,  or  in 
tracts  of  not  less  than  160  acres,  after  the  price  and  terms  of 
which  sale  or  sales  have  been  approved  by  the  District  Court  in 
and  for  the  Parish  of  Caldwell,  and  the  proceeds  therefrom, 
after  paying  all  expenses  incurred  by  the  Judicial  Liquidator  in 
recovering  said  lands,  in  administering  on  and  disposing  of 


35 

same,  shall  be  turned  over  to  the  Caldwell  Parish  School  Board 
to  be  used  for  the  benefit  of  the  public  schools. " 

Section  2.    All  laws  or  parts  of  laws  in  conflict  with  the  provi- 
sions of  this  act  are  hereby  repealed. 
Approved  by  the  Governor: 
July  13,  1922,  4:30  p.m. 


ACT  No.  129. 

House  Bill  No.  306.  By  Mr.  Higgins. 

AN  ACT 

Concerning  lost,  cancelled  or  destroyed  bonds  of  any  parish, 
municipality,  sub-division  of  the  State,  public  body,  board 
or  agency ;  authorizing  the  issuance  of  new  bonds  to  repre- 
sent such  lost,  cancelled  or  destroyed  bonds  and  providing 
for  the  registration  thereof  by  the  Secretary  of  the  State. 

Section  1.    Be  it  enacted  by  the  Legislature  of  Louisiana:     Authorizln     the 
That  whenever  bonds  duly  issued  by  any  parish,  municipality,  issuance   01   new 
sub-division  of  the  State  or  by  any  public  body,  board  or  agency  Ceiled  *ST  dS£ 
shall  be  lost,  destroyed  or  improperly  cancelled,  upon  proof  of  stroyed. 
such  loss,  cancellation  or  destruction  of  said  bonds  satisfactory  to 
the  governing  body  of  such  parish,  municipality,  sub-division  of 
the  State,  or  such  public  body,  board  or  agency,  and  upon  the 
giving  to  such  parish,  municipality,  sub-division  of  the  State, 
public  body,  board  or  agency,  an  indemnity  bond  in  such  amount 
as  such  parish,  municipality,  sub-division  of  the  State,  public 
body,  board  or  agency  may  require,  such  parish,  municipality, 
sub-division  of  the  State,  or  such  public  body,  board  or  agency 
may,  by  resolution  of  the  governing  body  thereof,  authorize  the 
issuance  of  new  bonds  in  lieu  of  such  lost,  cancelled  or  destroyed 
bonds,  which  shall  be  in  all  respects  identical  with  such  lost, 
cancelled  or  destroyed  bonds,  provided,  however,  that  said  new 
bonds  shall  bear  on  their  face  the  following  additional  clause : 

1 '  This  bond  is  issued  to  replace  a  lost  cancelled  or  destroyed 

bond  under  the  authority  of  Act  No 

Laws  of  Louisiana,  1922. " 

Section  2.    That  said  bonds  and  the  coupons  thereto  attached 

i     n    ,         .          -,    i        j-,  »P.  -,          .          -,    ,-,  .    .      i      How  bonds  must 

shall  be  signed  by  the  same  officers  who  signed  the  original  be  signed, 
bonds,  provided,  however,  that  in  the  event  the  officers  who 
executed  the  original  bonds  have  retired  from  office;  then  the 
new  bonds  shall  be  signed  by  the  officers  then  in  office. 

Section  3.    That  in  the  event  the  original  bonds  shall  have     Registration, 
been  registered  in  the  office  of  the  Secretary  of  State  of  Louis- 
iana, and  bore  a  certificate  evidencing  such  registration  signed  by 
the  Secretary  of  State,  said  new  bonds  shall  also  be  registered 
in  the  office  of  the  Secretary  of  State  of  Louisiana,  and  the 


36 

Secretary  of  State  then  in  office  is  hereby  authorized  and  di- 
rected to  execute  and  seal  a  similar  registration  certificate  upon 
said  bonds. 

obii  ation  Section  4.    That  the  obligation  of  said  parish,  municipality, 

sub-division  of  the  State,  public  body,  board  or  agency,  upon  said 
new  bonds,  shall  be  identical  with  its  obligation  upon  the  ori- 
ginal bonds,  and  the  rights  of  the  holder  thereof  shall  be  the 
same  as  those  conferred  by  the  original  bonds  which  said  new 
bonds  are  intended  to  replace. 
Approved  by  the  Governor: 
July  13,  1922,  4:40  p.m. 


ACT  No.  130. 

House  Bill  No.  307.  By  Mr.  Higgins. 

AN  ACT 

Validating  the  exchange  of  bonds  by  any  parish,  municipality, 
sub-division  of  the  State,  or  any  public  body,  board  or 
agency. 

validating  the  ex-  Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana : 
change  of  bonds.  That  the  delivery  to  the  holder  of  any  bonds  of  any  parish, 
municipality,  sub-division  of  the  State,  or  of  any  public  body, 
board  or  agency,  of  bonds  of  such  parish,  municipality,  sub- 
division of  the  State,  public  body,  board  or  agency,  heretofore 
made  in  exchange  for  a  like  amount  of  bonds  of  the  same  author- 
ized issue,  is  hereby  validated,  approved  and  confirmed,  and 
all  such  bonds  heretofore  delivered  in  exchange  for  a  like  amount 
of  bonds  of  the  same  authorized  issue  are  hereby  declared  to  be 
the  valid  and  legally  binding  obligations  of  such  parish,  munic- 
ipality, sub-division  of  the  State,  public  body,  board  or  agency 
making  the  exchange. 
Approved  by  the  Governor : 
July  13,  1922,  4 :  30  p.  m. 


ACT  No.  139. 

Senate  Bill  No,  127.  By  the  Joint  Comimttee 

on    Judiciary,     Sections 
"A"  and  "B".    Substi- 
tute for  Senate  Bill  No. 
77  by  Mr.  Browne. 
AN  ACT 

Relative  to  the  Building  Contracts;  providing  for  the  bond  to 
be  given  in  connection  therewith,  for  the  recordation  of  the 
contract,  and  bond  and  proceedings  to  be  had  thereunder 
and  to  provide  for  the  creation,  recordation  and  recognition 


37 

of  liens  and  privileges  and  the  protection  of  contractors, 
architects,  consulting  engineers,  sub-contractors,  laborers, 
material  men,  mechanics,  journeymen,  cartmen,  truckmen, 
and  all  others  who  shall  do  or  perform  any  work  or  labor 
upon  or  furnish  material,  machinery  or  fixtures  for  any 
building  or  other  structure  upon  land  in  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Louisiana,  contracts  to  be 
That  every  contract  hereafter  made  or  entered  into  for  the  re-  5J"itten  and  record- 
pair,  reconstruction,  erection  or  construction  of  a  building  or  of 
any  other  work  by  an  undertaker,  contractor,  master  mechanic, 
contracting  engineer,  shall  be  reduced  to  writing  and  signed  by 
the  parties  under  private  signatures,  or  by  authentic  act,  and 
shall  be  recorded  in  the  office  of  the  Recorder  of  Mortgages  for 
the  Parish  wherein  the  building  or  said  work  is  to  be  erected  or 
performed  before  the  day  fixed  on  which  said  work  is  to  com- 
mence and  not  later  than  thirty  days  after  the  date  of  said  con- 
tract and  such  recordation  shall  preserve  the  liens  and  privileges, 
which  liens  and  privileges  are  hereby  created,  on  the  building  or 
other  structure  so  repaired,  reconstructed,  erected  or  construct- 
ed, and  on  the  land  on  which  it  is  situated,  in  favor  of  every 
undertaker,  architect,  consulting  engineer,  contractor,  master 
mechanic,  or  contracting  engineer  and  sub-contractors,  workmen, 
journeymen,  cartmen,  truckmen,  laborers,  mechanics  or  furn- 
ishers of  material,  machinery  or  fixtures  as  their  interest  may 
arise.  The  owners  of  such  work  shall  require  of  said  undertaker, 
contractor,  master  mechanic,  or  engineeer,  a  bond  with  good  and 
solvent  surety  as  follows:  For  all  contracts  not  exceeeding 
Five  Thousand  Dollars  the  amount  of  the  bond  shall  be  the 
amount  of  the  contract;  for  contracts  over  Five  Thousand  Dol-  Contractor's  bond 
lars,  and  not  exceeding  One  Hundred  Thousand  Dollars  thepr 
bond  shall  not  be  less  than  fifty  per  cent  of  the  contract; 
for  contracts  not  exceeding  One  Million  Dollars  but  over  One 
Hundred  Thousand  Dollars  the  bond  shall  not  be  less  than 
thirty-three  and  one-third  per  cent  of  the  contract,  and  for  con- 
tracts exceeding  One  Million  Dollars,  the  bond  shall  not  be  less 
than  twenty-five  per  cent  of  the  contract. 

Section  2.     The  bond  shall  be  attached  to  and  recorded  with      Bond  to  be  &t_ 
the  contract  in  the  Mortgage  Office  as  above  set  forth,  and  thetached  to   and  re- 
conditions of  the  bond  shall  be  the  true  and  faithful  performance  g££* 
of  the  contract  and  the  payment  of  all  sub-contractors,  journey- 
men, cartmen,  truckmen,  workmen,  laborers,  mechanics  and  fur- 
nishers of  material  jointly  as  their  interest  may  arise.     Every 
person  having  a  claim  against  the  undertaker,  contractor,  master 
mechanic  or  contracting  engineer  shall  after  the  date  of  the  com- 
pletion of  the  said  work  by,  or  the  date  of  default  of  the  under- 
taker, contractor,  master  mechanic  or  contracting  engineer,  mail  Chantc?Setcb.y  to"^ 
or  otherwise  send  a  sworn  itemized  statement  thereof  to   the  file£ ..wijn  owner  or 

architect. 

owner  or  his   architect  or  other  representative,   and   record  a 


38 

sworn  statement  of  the  amount  thereof,  or  his  contract,  if  it  has 
Recorded  within  been  reduced  to  writing,  in  the  office  of  the  Recorder  of  Mort- 
gages for  the  Parish  in  which  the  said  work  has  been  done  within 
thirty  days  after  the  registry  of  notice  with  the  Recorder  of 
Mortgages  for  the  Parish  where  the  work  is  done,  by  the  owner 
of  his  acceptance  of  the  work  or  of  the  contractor's  default,  or 
the  recordation  of  the  architect's  certificate  of  completion,  until 
which  time  the  delay  to  file  claims  of  privileges  shall  not  run.  If 
at  the  expiration  of  said  thirty  days  there  are  no  such  recorded 
claims  filed,  the  Recorder  of  Mortgages,  shall  upon  written  de- 
inscriptions  era*-  mand  of  any  party  interested,  cancel  and  erase  from  the  books 

ed  if  no  claim.  ,,  ,  .        „„.          „    .  .    ,.  ,^.  -,    , . 

of  his  office  all  inscriptions  resulting  from  the  recordation  of 
said  contract  or  bond  as  to  all  parties  except  the  contractor.  If 
at  the  expiration  of  thirty  days  there  are  such  recorded  claims 
filed,  the  owner  or  other  interested  person  may  file  a  petition  in 
a  Court  of  competent  jurisdiction  citing  all  claimants,  including 
the  undertaker,  contractor,  master  mechanic,  or  engineer,  against 
whom  said  claims  are  filed  and  the  surety  on  the  bond,  and  shall 
therein  assert  whatever  claim  he  has  against  any  or  all  of  them 
and  require  said  claimants  to  assert  their  respective  claims;  and 
all  of  said  claims  shall  be  tried  in  concursus.  In  the  event  that 
Claim  by  the  the  owner  has  claims  in  concursus  with  the  other  claimants  who 
have  a  lien  and  privilege  on  his  property  under  the  provisions  of 
this  Act,  the  cost  of  completing  the  building  or  other  work  by 
reason  of  the  default  of  the  original  contract,  when  established 
to  the  satisfaction  of  the  court,  and  when  paid  for  by  the  owner, 
shall  be  reimbursed  to  him  by  preference  out  of  any  balance 
which  might  have  been  due  under  the  contract  if  completed  by 
the  contractor ;  but  the  owner  shall  have  no  claim  for  the  excess 
in  the  cost  of  completion  if  such  cost  exceeds  the  amount  of  said 
balance,  or  for  any  other  of  his  claims  against  the  surety  on  the 
bond  of  the  contract  until  all  other  claimants  have  been  paid  in 
full.  When  the  owner  files  a  concursus  proceeding  he  must  de- 
posit in  Court  whatever  funds,  if  any,  remain  in  his  hands  after 
paying  the  costs  of  completing  the  building  if  he  was  compelled 
to  complete  it  by  reason  of  the  default  of  the  contractor ;  but  any 
claimant  shall  have  the  right  to  show  in  that  suit  or  other  appro- 
priate proceeding  that  the  amount  claimed  to  have  been  paid  by 
the  owner  for  such  completion  was  not  really  paid  or  that  work 
was  done  not  covered  by  the  original  contract  and  pending  the 
trial  of  such  issue  the  liens  and  privileges  herein  given  to  sub- 
contractors and  others  shall  remain  in  full  force  and  effect. 

Section  3.  Where  any  work  as  hereinabove  set  forth  is  done 
on  buildings  or  other  improvements  made,  where  the  person  for 
whom  the  work  is  done  or  with  whom  the  contract  is  made,  or 
by  whom  the  work  is  done  is  not  the  owner  of  the  land  upon 
which  the  work  is  located,  then  the  liens  and  privileges  created 
and  established  by  this  Act  shall  operate  upon  whatever  right 


39 

said  person  having  the  work  done,  or  doing  the  work,  may  have 
to  the  use  of  the  land  as  lessee,  usufructuary  er  otherwise ;  and 
said  lien  and  privilege  shall  operate  against  the  lease  such  person 
holds  if  there  is  one,  or  if  said  work  is  caused  to  be  erected  by  a 
mineral  lessee,  then  the  privilege  shall  exist  against  the  mineral 
lease  and  whatever  rights  the  lessee  may  have  therein,  thereon  or 
thereto;  provided,  however,  that  the  privileges  hereby  created 
•shall  not  interfere  with  the  lessor 's  lien  and  privilege  or  his  right 
to  demand  and  recover  occupancy  of  the  leased  premises  in  de- 
fault of  the  payment  of  rent,  or  his  right  to  sell  the  lease  or 
right  of  occupancy  under  any  judgment  he  may  obtain  against 
his  lessee  growing  out  of  the  lease;  and  in  the  case  of  any  such 
-sale,  the  privileges  herein  created  shall  be  resfricted  to  the  pro- 
ceeds of  sale  and  shall  not  follow  the  property,  the  lease,  or  the 
right  of  occupancy. 

Section  4.    If  no  objections  are  made  by  any  of  the  recorded     If  no  claims,  m- 
<;laimants  to  the  sufficiency  or  solvency  of  the  surety  on  the  bond  JJJ^ons  shal*  be 
within  ten  days  after  the  filing  of  said  concursus,  the  Court  shall 
order  its  clerk  to  give  to  any  party  interested  a  certificate  to 
that  effect  and  on  presentation  of  said  cerificate  to  the  Recorder 
of  Mortgages  he  shall  cancel  and  erase  all  inscriptions  created  by 
the  recordation  of  said  contract,  bond  and  claims. 

Section  5.    If  the  bond  is  found  to  be  insufficient  in  amount    Liability  of  own_ 
or  not  to  have  a  proper  and  solvent  surety,  or  if  the  owner  fails  er  for  insufficient 
to  require  a  bond,  or  if  he  fail  to  record  the  contract  and  bondbcnd>  etc" 
during  the  time  herein  provided,  he  shall  be  liable  to  sub-con- 
tractors,   journeymen,    cartmen,    truckmen,   workmen,   laborers, 
and  mechanics  and  furnishers  of  material  to  the  same  extent  as 
the  surety  would  have  been.  And  the  privilege  hereinbefore  pro- 
vided for  if  recorded  as  provided  in  Section  2  hereof,  shall  re- 
main in  full  force  and  effect  until  all  claims  against  the  building 
or  other  work  erected  on  the  land  on  which  it  is  situated  shall 
have  been  paid,  unless  otherwise  ordered  by  the  Court.    In  all 
cases  where  surety  has  been  furnished,  the  surety  shall  be  entitled 
to  make  only  the  same  defenses  that  the  contractor  for  whom  he 
signed  the  bond  is  authorized  to  make  except  as  to  the  owner 
who  has  made  payments  in  anticipation. 

Section  6.     The  failure  of  the  owner  to  record  the  contract 

„    .,  i       .  «p.    .          -i         i      i     i-i  i  Failure  to  record 

and  oond  or  failure  to  obtain  a  sufficient  bond,  shall  not  release  bond  and  contract 
the  surety  as  to  the  owner  who  shall  have  full  recourse  against  %**£  tr0elowSerUre 
such  sure'ty  up  to  the  amount  of  the  bond  for  whatever  he  may 
have  to  pay  to  complete  the  building  or  other  work  to  satisfy  the 
claims  of  all  those  who  have  done  work  thereon  or  furnished 
material  and  who  have  not  been  paid  by  the  contractor. 

Section  7.    A  building  contract  may  provide  for  partial  pay- 
ments as  the  work  progresses  and  any  payment  made  by  the  rov?d*trfo?  partial 
owner  strictly  in  accordance  with  the  contract,  shall  absolve  him  payments, 
from  further  liability  therefor,  provided  he  has  exacted  a  bond 
and  has  recorded  the  contract  and  bond  as  required  by  this  Act. 


40 

Privileges  super-  Section  8.  The  privileges  accorded  by  this  Act  shall  be  supe- 
ior  to  ail  other  rior  to  all  other  claims  against  the  building  or  other  work,  and 
ims,  €  :ceptions.  tlie  land  Qn  wfach  it  ^  situated,  except  taxes,  local  assessments 
for  public  improvements  and  the  vendor's  privilege  on  the  land 
recorded  prior  to  the  building  contract,  and  the  holder  of  such 
vendor's  privileges  shall  be  entitled  to  a  separate  appraisement 
of  the  ground  and  of  the  building  or  other  work  thereon  and 
the  holder  of  such  privilege  shall  be  paid  from  the  sale  of  the 
property  in  proportion  to  the  appraisement  on  the  land  and  the 
holders  of  the  other  privileges  herein  granted  shall  be  paid  from 
said  sale  in  proportion  to  the  appraisement  of  the  building. 
Rank  of  privilege.  Section  9.  The  privilege  herein  granted,  except  where  special 
rank  is  given  thereto,  shall  be  of  equal  rank  if  recorded  as  pro- 
vided in  Section  2  hereof,  and  shall  be  paid  jointly  out  of  the 
balance  of  funds  in  the  hands  of  the  owner  or  by  the  surety  on 
the  bond,  if  such  balance  is  sufficient  to  pay  them  in  full. 
Attorney's  fee.  Section  10.  In  any  concursus  proceeding  the  Attorney  of  the 
owner  shall  be  entitled  to  a  prior  fee  to  be  recovered  against  the 
fund  deposited  ov  against  the  surety,  but  this  fee  shall  not  be 
paid  in  preference  to  the  claims  of  sub-contractors,  journeymen, 
cartmen,  truckmen,  laborers  or  material  men ;  and  any  claim  of 
demurrage  or  liquidated  damage  which  the  owner  may  have 
against  the  contractor  may  be  allowed  only  with  the  same  rank. 
Should  the  owner  not  recover  all  he  claims  in  the  concursus  pro- 
ceeding the  Attorney 's  fees  as  fixed  by  the  Court  shall  be  reduced 
proportionately.  In  any  concursus  proceeding  there  shall  be  paid 
by  preference  over  all  other  claims  the  costs  of  the  proceedings 
in  Court.  Any  surety  so  desiring  may  invoke  the  concursus 
proceeding  herein  authorized  by  proper  proceeding  in  Court  and 
by  depositing  in  Court  at  the  time  of  filing  of  the  proceeding  the 
full  amount  of  the  bond,  provided,  that  after  the  case  is  at  issue 
such  surety  may  withdraw  with  the  permission  of  the  Court  all  of 
the  deposit  made  except  sufficient  to  cover  the  claims  made  in 
the  concursus  and  twenty-five  per  cent,  additional  thereto, 
when  no  con-  Section  11.  Whenever  the  owner  or  his  authorized  agent  or 
tract  has  been  en-  representative  undertakes  the  repair,  reconstruction,  erection  or 
construction  of  a  building  or  any  other  work  for  his  own  account 
or  for  which  no  contract  has  been  entered  into,  then  any  person 
furnishing  services  or  material  or  performing  any  labor  on  said 
building  or  other  structure,  may  record  in  the  Mortgage  Office 
in  the  Parish  in  which  said  work  is  being  constructed,  a  certified 
copy  of  the  building  permit,  or  affidavit  of  claim  or  any  other 
writing  evidencing  same,  which  recordation  shall  create  a  lien 
and  privilege  upon  the  building  or  other  structure  and  on  the 
land  upon  which  it  is  situated,  as  created  by  this  Act,  in  favor 
of  the  said  contractor,  master  mechanic  or  contracting  engineer, 
and  sub-contractors,  workmen,  journeymen,  cartmen,  truckmen, 
mechanics  and  furnishers  of  material,  as  their  interest  may  arise,. 


41 

for  the  period  of  one  year  from  the  completion  or  occupancy  of 
the  building  or  other  work  which  term  shall  not  run  pending 
judicial  proceedings. 

Section  12.    Architects  and  consulting  engineers  employed  by    Architects     and 
the  owner  or  other  person  as  provided  in  Section  2  hereof,  in  £eeS!ltinsr    ensi~ 
connection  with  buildings  or  other  work  erected  or  constructed 
under  the  terms  of  this  Act  shall  have  a  lien  and  privilege  for 
the  payment  of  their  contract  charges  on  the  building  or  other 
work  and  on  the  land  on  which  it  stands,  of  equal  rank  with  the 
contractor  ;  and  said  lien  and  privilege  may  be  recorded  at  any 
time  up  to  the  limit  of  time  provided  in  said  Section,  but  shall 
affect  third  persons  only  from  the  date  of  recordation. 

Section  13.    The  Claims  of  laborers  in  all  cases  covered  by     claims  of  labor- 
this  Act  shall  be  secured  by  the  lien  and  privilege  hereinbefore  er* 
created  against  buildings  or  other  works  whereon  the  labor  was 
performed  and  against  the  land  on  which  the  same  is  situated, 
until  they  have  been  paid  in  full. 

Section  14.  Nothing  in  this  act  shall  be  so  construed  as  to 
deprive  any  claimant  within  the  terms  of  this  act  of  his  right 
of  action  upon  the  bond,  which  right  shall  accrue  at  any  time 
after  the  maturity  of  his  claim. 

Section  15.  All  laws  and  parts  of  laws  in  conflict  or  incon- 
sistent  herewith  on  the  same  subject  matter  be,  and  the  same 
are  hereby  repealed  ;  except  that  all  contracts  made  heretofore 
or  before  December  31st,  1922,  whether  recorded  or  not,  and  the 
rights  and  obligations  of  all  parties  as  to  incompleted  buildings 
or  other  works  where  there  is  no  contract,  shall  be  subject  to  the 
laws  now  existing. 

Section  16.    This  law  shall  be  in  force  and  effect  from  and 
after  the  31st  day  of  December,  1922. 
Approved  by  the  Governor: 
July  13,  1922,  8  :40  p.  m. 


Re  eajln    clauge> 


House  Bill  No.  411. 


ACT  No.  140. 

By  Mr.  Dreyfus,  Chairman  of 
The  Ways  and  Means  Com- 
mittee. Substitute  for  House 
Bill  No.  15  by  Mr.  Schell. 

AN  ACT 

To  carry  into  effect  Section  21  of  Article  10  of  the  Constitution 
of  1921  by  levying  a  tax  upon  all  natural  resources  severed 
from  the  'soil  or  water;  including  all  forms  of  timber,  tur- 
pentine and  other  forest  products;  minerals,  such  as  oil, 
gas,  sulphur,  salt,  coal,  lignite  and  ores  ;  also  marble,  stone, 


42 

gravel,  sand,  shells,  and  other  natural  deposits;  fixing  lia- 
bility for,  and  prescribing  the  method  of  collecting  and 
enforcing  the  payment  of  such  tax;  requiring  those  en- 
gaged in  the  severance  of,  and  dealing  in,  such  natural  re- 
sources to  make  reports  of  their  business  as  may  be  neces- 
sary for  the  proper  enforcement  of  this  Act;  to  provide 
penalties;  and  to  provide  for  the  imposition  and  payment 
of  the  license  tax  due  and  to  become  due  under  Act  31  of 
1920  and  other  laws,  and  as  herein  provided. 

Levying  taxes  on     Section  1.     Be  it  enacted  by  the  Legislature  of  Louisiana, 

natural     resources  That  for  the  year  1923,  and  for  each  subsequent  year,  taxes  as 

o?Twrafer.fn         M  authorized  by  Section  21  of  Article  10  of  the  Constitution  of 

1921,  are  hereby  levied  upon  all  natural  resources  severed  from 

the  soil  or  water;  including  all  forms  of  timber,  turpentine  and 

other  forest  products;  minerals,  such  as  oil,  gas,  sulphur,  salt, 

coal,  lignite  and  ores;  also  marble,  stone,  gravel,  sand,  shells 

and  other  natural  deposits. 

Such  taxes  shall  be  paid  by  the  owner  or  proportionately  by 
the  owners  thereof  at  the  time  of  the  severance,  and  become 
due  and  exigible  quarterly,  as  herein  provided;  and  they  shall 
operate  as  a  first  lien  and  privilege  on  such  natural  resources, 
which  lien  and  privilege  shall  follow  said  natural  resources  into 
the  hands  of  third  persons  whether  in  good  or  bad  faith,  and 
whether  the  same  be  found  in  a  manufactured  or  unmanufac- 
tured state. 

Classes.  Section  2.     For  the  purposes  of  taxation  natural  resources 

severed  from  the  soil  or  water  shall  be  divided  into  two  classes, 
on  which  taxes  are  hereby  levied  and  shall  be  paid  at  the  fol- 
lowing rates: 
on  and  gas  3%.       On  oil  and  gas,  three  per  centum  (3%)  of  the  gross  market 

value  of  the  total  production  thereof: 

other  resources      On  all  other  natural  resources,  two  per  centum  (2%)  of  the 
gross  market  value  of  the  total  production  thereof. 

For  the  purposes  of  this  Act  said  gross  market  value  of  each 
such  product  or  natural  resource  shall  be  computed  in  its  un- 
manufactured state,  and  as  of  the  time  when,  and  at  the  place 
where,  it  was  severed  or  taken  from  the  soil  or  water. 

Section  3.  All  such  taxes  shall  be  collected  quarterly  by  the 
ta£e°sllection  of  respective  sheriffs  and  Ex-Officio  Tax  Collectors  of  the  several 
parishes  from  within  which  the  natural  resources  are  severed, 
and  by  them  shall  be  paid  into  the  State  Treasury  as  collected, 
and  in  the  same  manner  and  at  the  same  time  as  required  by 
law  for  other  State  collections. 

When  so  paid  into  the  State  Treasury,  two-thirds   (2/3)   of 

creditedhlto S  Sever- tne  severance  taxes  collected  on  oil  and  gas,  together  with  all 

ance  Tax  Fund.       Of  the  severance  taxes  collected  on  all  other  natural  resources 

severed  from  the  soil  or  water,  shall  be  credited  by  the  Auditor 


43 

and  Treasurer  to  a  special  fund,  which  is  hereby  created,  to  be 
known  as  the  Severance  Tax  Fund  of  the  State  of  Louisiana. 

The  remaining  one-third    (1/3)    of  the  severance  taxes  col- 
lected on  oil  and  gas  is  hereby  allocated  to  the  parish  f rom  auocate^fo  oif  and 
within  which  such  taxes  are  collected,  and  shall  be  credited  to  gas  producing  par- 
such  parish  by  the  Auditor  and  Treasurer,  provided  such  allo-ls 
cation  and  credit  shall  not  exceed  two  hundred  thousand  dol- 
lars ($200,000.00)   in  any  parish  in  any  one  year.     "When  this 
limit  of  two  hundred  thousand  dollars  ($200,000.00)  shall  have 
been  reached,  there  shall  be  no  further  allocation,  and  all  addi- 
tional collections  for  the  year  shall  be  credited  in  full  to  the 
Severance  Tax  Fund  herein  before  created. 

Section  4.  The  amounts  allocated  and  credited  to  each  oil 
and  gas  producing  parish  under  this  Act,  shall  be  appor- 
tioned  and  distributed  quarterly  among  the  parish,  school,  and 
such  district  governing  authorities  as  have  jurisdiction  over  district  authorities, 
the  territory  from  within  which  such  resources  are  severed 
and  tax  collected. 

Such  apportionment  and  distribution  shall  be  made  within 
the  first  fifteen  days  of  each  calendar  quarter  by  the  Auditor 
and  Treasurer  in  proportion  to  the  amount  of  advalorem  prop- 
erty taxes  payable  to  each  such  governing  authority  as  shown 
by  the  last  completed  assessment  roll,  and  shall  cover  all 
amounts  allocated  and  credited  to  the  parishes  during  the  pre- 
ceding quarter. 

Section  5.  Every  person,  firm,  corporation  or  association  of  statements  to  be 
persons  severing  any  natural  resources  from  the  soil  or  water  filed  with  supcrvi- 
in  this  State  shall,  within  thirty  (30)  days  after  the  expiration  *°unt°sf  ] 
of  each  quarter-annual  period  expiring,  respectively,  on  the 
last  day  of  March,  June,  September  and  December  of  each 
year,  file  with  the  Supervisor  of  Public  Accounts  a  statement 
under  oath,  on  forms  prescribed  by  him,  of  the  business  con- 
ducted by  such  person,  firm,  corporation  or  association  of  per- 
sons during  the  last  preceding  quarter-annual  period,  showing 
the  kind  of  natural  resources  so  severed  or  produced,  the  gross 
quantity  and  actual  cash  value  thereof,  the  names  of  the  own- 
ers at  the  time  of  severance,  the  portion  owned  by  each,  and 
such  other  reasonable  and  necessary  information  pertaining 
thereto  as  the  Supervisor  of  Public  Accounts  may  require  for 
the  proper  enforcement  of  the  provisions  of  this  Act.  There 
shall  also  be  shown  on  such  quarterly  reports  the  location  of 
each  such  natural  resource  and  the  place  or  places  where  pro- 
duced or  severed  from  the  soil  or  water. 

At  the  time  of  rendering  such  quarter-annual  report,   each 

.  .         .  «  in  UUpllCcLtG         SUclLC- 

person,  firm,   corporation   or  association   01  persons  snail   con-  ments   to   be   filed 
currently  file  a  duplicate  thereof  with  the  tax  collector  of  the  $thp Jfsxh 
parish  where  said   natural  resource  is  taken  or  severed  fromwith  tax- 
the  soil  or  water;  and  shall  pay  to  the  said  tax  collector  a  tax 


44 

of  3%  on  the  gross  market  value  of  the  total  amount  of  oil  and 
gas,  and  a  tax  of  2%  on  the  gross  market  value  of  the  total 
amount  of  all  other  natural  resources  severed  from  the  soil  or 
water  during  the  preceding  three  months. 

To  whom  appii-  Section  6.  Except  as  otherwise  provided  in  this  Act,  the 
making  of  said  reports,  and  the  payment  of  said  taxes,  shall 
be  by  those  actually  engaged  in  the  operation  of  severing, 
whether  it  be  the  owner  of  the  soil,  or  other  person  severing 
from  the  soil  of  another,  or  the  owner  of  any  such  natural  re- 
surce  severing  from  the  soil  of  another. 

The  reporting  taxpayer  shall  collect  or  with-hold  out  of  the 
value  of  the  products  severed,  the  proportionate  parts  of  the 
total  tax  due  by  the  respective  owners  of  such  natural  resources 
at  the  time  of  severance. 

Operators  author-      Section  7.     Every  person,  firm,  corporation  or  association  of 
1aZmountt°ofdtaxUbCt  Persons  actually  engaged  in  severing  oil,  gas,  or  other  natural 
foreU1makingaXpay-  resources  from  the  soil  or  water,  or  actually  operating  oil  or 
gas  property,  or  other  property  from  which  natural  resources 
are  severed,  under  contracts  or  agreements  requiring  payment 
direct  to  the  owners  of  any  royalty  interest,  excess  royalty,  or 
working  interest,  either  in  money  or  in  kind,  is  hereby  author- 
ized, empowered  and  required  to  deduct  from  any  amount  due, 
or  from  anything  due,   the  amount   of  the  tax  herein  levied 
before  making  such  payments. 

Deduction  of  tax  Section  8.  When  any  person,  firm,  corporation  or  associa- 
to  be  made  by  pur- tion  of  persons  actually  engaged  in  severing  oil  or  gas,  or  other 
natural  resources  from  the  soil  or  water,  under  contracts  or 
agreements  requiring  payments  direct  to  any  owner  of  the 
proportionate  share  of  such  natural  resource,  as  set  out  in  the 
preceding  section,  shall  sell  such  oil  or  gas,  or  other  natural 
resource  to  any  person,  firm,  corporation  or  association  of  per- 
sons, under  contracts  or  agreements  requiring  such  purchasers 
to  pay  all  owners  of  such  natural  resources  direct,  then  the 
person,  firm,  corporation  or  association  of  persons  actually  sev- 
ering such  natural  resources  from  the  soil  or  water,  or  actually 
operating  such  oil  or  gas  property,  may  not  be  required  to  de- 
duct the  tax  herein  levied,  but  in  which  event  such  deduction 
shall  be  made  by  the  purchaser  before  making  payments  to 
each  owner  of  such  oil,  gas  or  other  natural  resources;  pro- 
vided that  nothing  herein  shall  be  construed  as  releasing  the 
person,  firm,  corporation  or  association  of  persons  severing  the 
products  from  liability  for  the  payment  of  said  taxes. 

Deduction  of  tax      Section  9.     Every  person,  firm,  corporation  or  association  of 
by  purchaser.  persons  purchasing  oil,  gas  or  any  other  natural  resources  sev- 

ered from  the  soil  or  water,  under  contracts  or  agreements  re- 
quiring such  purchaser  to  make  payment  direct  to  the  owners 
of  such  oil,  gas,  or  other  natural  resource,  is  hereby  authorized, 
empowered  and  "required  to  deduct  from  any  amount  due  any 


45 

owner  of  such  natural  resource  the  amount  of  the  tax  levied  by 
the  provisions  of  this  Act  before  making  such  payments. 

All  persons,  firms,  corporations  or  associations  of  persons  Re  ortg  and 
required  to  deduct  from  amounts  due  to  others  the  tax  herein  ment  of  tax. 
levied  shall  file  with  the  Supervisor  of  Public  Accounts,  and 
with  the  tax  collector  of  the  parish  where  such  natural  re- 
source is  severed  from  the  soil  or  water,  the  reports  herein  re- 
quired, and  shall  at  the  same  time  pay  to  the  said  tax  collector 
the  amount  of  the  tax  thus  deducted  or  withheld  under  the 
provisions  of  this  Act;  provided  that  nothing  herein  shall  be 
construed  as  releasing  the  person,  firm,  corporation  or  associa- 
tion of  persons  severing  the  resources  from  liability  for  the 
payment  of  said  taxes. 

Section   10.     Whenever   the   title   to   any   natural   resources     Settlement  Where 
being  severed  from  the  soil  or  water  is  in  dispute,  or  whenever  title  of  property  is 
the  purchaser  of  such  natural  resources,  or  any  person,  firm, in 
corporation  or  association  of  persons  engaged  in  severing  nat- 
ural resources  from  the  soil  or  water,  or  in  the  actual  operation 
of  oil  or  gas  property,  shall  be  with-holding  payments  on  account 
of  litigation,  or  for  any  other  reason,  such  purchaser  of  natural 
resources  severed  from  the  soil  or  water,  or  person,  firm,  cor- 
poration or  association  of  persons  actually  engaged  in  severing 
such  natural   resurces  from   the   soil  or  water,   or  the   actual 
operation  of  oil  or  gas  properties,  is  hereby  authorized,   em- 
powered and  required  to  deduct  from  the  gross  amount  thus 
held  the  amount  of  the  tax  herein  levied,  and  to  make  remit- 
tance thereof  to  the  tax  collector  of  the  parish  wherein  such 
natural  resources  are  severed,  as  herein  provided. 

Section  11.     The  owners  of  natural  resources  severed  from    owners  of  natur- 
the  soil  or  water  are  hereby  made  proportionately  responsible  g^ J^^^jJJJ 
for  the  payment  of  the  tax  herein  levied,  and  if  the  tax  dueiy    responsible    for 
on  such  natural  resources  severed  from  the  soil  or  water  is  nottax* 
paid  by  the  purchaser  thereof,  or  by  the  person,  firm,  corpora- 
tion or  association  of  persons  actually  engaged  in  severing  such 
natural  resources  from  the  soil  or  water,  or  operating  oil  or 
gas  properties,  then  the  Supervisor  of  Public  Accounts  shall 
make,  in  any  manner  feasible,  and  cause  to  be  recorded  in  the 
mortgage  records  of  the  parish  where  such  natural  resources 
are  severed  from  the  soil  or  water,   a  statement  under  oath      statement  t«  be 
showing  the  proportionate  amount  of  the  tax  due  by  each  saidrec 
owner  of  the  natural  resources  severed  from  the  soil  or  water, 
which  statement  when  filed  for  record,  shall  operate  as  a  first 
lien,  privilege  and  mortgage  on  all  of  the  property  from  which 
the  resources  were  severed  and  on  all  the  property  of  the  re- 
spective tax  debtors  as  the  case  may  be,   and  said  property 
shall  be  subject  to  seizure  and  sale  for  the  payment  of  the 
taxes  due;  provided  nothing  herein  shall  be  construed  as  waiv- 
ing or  releasing  the  privilege  on  the  resources  severed  wherever 
found. 


46 

Notice  of  seizure     Section  12.     Whenever  the   Supervisor  of  Public  Accounts 
by    supervisor    of  shall  cause  the  statement  provided  for  in  the  preceding  sec- 

Public   Accounts.       ,.  ,  -i    j     i         i    Yt  ,• 

tion  to  be  recorded,  he  shall  give  notice  to  the  tax  debtor  by 
registered  letter  of  the  recordation  of  such  statement,  and 
fifteen  days  thereafter  the  said  Supervisor  of  Public  Accounts 
shall  cause  the  sheriff  and  tax  collector  of  the  parish  wherein 
such  natural  resources  are  severed,  to  seize  and  sell,  for  the 
payment  of  such  taxes,  any  property  belonging  to  the  tax 
debtor,  or  tax  debtors,  as  provided  above,  which  may  be  found 
within  the  jurisdiction  of  the  said  sheriff  and  tax  collector. 
Manner  of  seizing  Section  13.  The  sheriff  and  tax  collector  of  any  parish, 
property,  etc.  when  requested  by  the  Supervisor  of  Public  Accounts,  is  hereby 
required  to  seize  and  sell  any  property,  assets  and  effects  belong- 
ing to  any  person,  firm,  corporation  or  association  of  persons 
owing  the  tax  herein  levied  on  any  natural  resource  severed 
from  the  soil  or  water,  after  the  recordation  of  the  statement 
required  in  Section  11,  and  after  the  notice  required  in  Section 
12  has  been  given;  and  all  such  seizures  and  sale  shall  be  con- 
ducted in  the  manner  and  form  now  required  for  the  sale  of 
similar  property  for  taxes,  and  penalties  shall  be  imposed  and 
collected  as  prescribed  herein  and  by  general  laws. 

Pro  ert     subject      Section  14.    All  oil  and  gas  leases,  interest  in  minerals,  min- 
to  seizure.7  °  eral  rights,  royalty  interests,  timber  contracts,   and  rights  of 

any  kind  to  the  ownership  of  any  natural  resource  severed 
from  the  soil  or  water,  are  hereby  declared  to  be  subject  to 
seizure  and  sale  for  the  payment  of  the  tax  herein  levied  in 
preference  to  all  other  claims,  liens  and  privileges. 

Penait  for  de  Section  15.  The  tax  provided  by  this  Act  shall  become  de- 
linquency7 e"  linquent  after  the  date  fixed  for  each  quarter-annual  report 
to  be  filed  in  the  office  of  the  Supervisor  of  Public  Accounts, 
and  from  such  time  shall,  as  a  penalty  for  such  delinquency, 
be  sub.ioct  to  a  penalty  of  2%  per  month  and  other  penalties 
provided  in  the  general  revenue  laws  of  this  State. 

The  payment  of  the  severance  tax  levied  by  this  Act  shall 
to^e  in  addition  to,  and  shall  not  affect  the  liability  of  the  parties 
other  taxes.  so  taxed   for,   the  payment  of  all   state,  parochial,  municipal, 

district  and  spocial  taxes  levied  upon  their  real  estate  and 
other  corporeal  property;  but  no  further  or  additional  tax  or 
license  shall  be  levied  or  imposed  npcn  oil  or  gas  leases  or 
rights;  nor  shall  any  additional  value  be  added  to  the  assess- 
ment of  land  by  reason  of  the  presence  of  oil  or  gas  therein 
or  their  production  therefrom.  No  severance  tax  or  license 
shall  be  levied  or  imposed  by  any  parish  or  other  local  sub- 
division of  the  State. 

Section  16.     The  Supervisor  of  Public  Accounts  shall  have 

tie?°^f rssuapne(rvisor  the  power  to  require  any  person,  firm,  corporation  or  associa- 

of  Public  Accounts,  tion  of  persons  engaged  in  severing  natural  products  from  the 

soil  or  water  to  furnish  any  additional   information   by   him 


47 

deemed  to  be  necessary  for  the  purpose  of  computing  the 
amount  of  said  tax ;  and  for  said  purpose  to  examine  the  books, 
records  and  files  of  such  person,  firm,  corporation  or  associa- 
tion of  persons;  and,  to  that  end,  shall  have  the  power  to 
examine  witnesses,  and  if  any  such  witness  shall  fail  or  refuse 
to  appear  at  the  request  of  the  Supervisor  of  Public  Accounts, 
or  refuse  access  to  books,  records  and  files,  said  Supervisor  of 
Public  Accounts  shall  certify  the  facts  and  the  name  of  the 
witness  so  failing  or  refusing  to  appear,  or  refusing  access  to 
books  and  papers,  to  the  District  Court  of  the  State  having 
jurisdiction  of  the  party;  and  said  Court  shall  thereupon  issue 
a  summons  to  the  said  party  to  appear  before  the  said  Super- 
visor, or  his  assistant,  at  a  place  designated  within  the  juris- 
diction of  the  Court,  on  a  day  fixed,  to  be  continued  as  occa- 
sion may  require,  and  give  such  evidence,  and  open  for  in- 
spection such  books  and  papers  as  may  be  required,  for  the 
purpose  of  ascertaining  whether  or  not  any  return  so  made  is 
the  true  and  correct  return  'as  herein  required;  and  whenever  it 
shall  appear  to  the  Supervisor  that  any  such  person,  firm, 
corporation  or  association  of  persons  engaged  in  severing  such 
natural  products  from  the  soil  or  water  has  unlawfully  made 
an  untrue  or  incorrect  return,  as  herein  provided,  said  Super- 
visor shall  correct  the  return  and  shall  compute  said  tax  on 
same,  and  certify  the  same  to  the  tax  collector  for  collection. 

Section  17.    If  any  person,  firm,  corporation  or  association  of     Failure  to  make 
persons  shall  fail  to  make  a  report  of  the  gross  production  and  reports  of  g  r  o  s  a 
value  of  its  natural   products    (upon  which  the  severance  tax  duty  <$  CSupefvfsor 
is  herein  levied)  within  the  time  and  in  the  manner  prescribed0'  Publl°  Accounts, 
by  law  for  such  report,  it  shall  be  the  duty  of  the  Supervisor  of 
Public  Accounts  to  examine  the  books,  records  and  files  of  any 
such  person,  firm,  corporation  or  association  of  persons  to  ascer- 
tain the  amount  and  value  of  such  production  and  to  compute 
the  tax  thereon  as  provided  herein,  and  according  to  the  proce- 
dure hereinbefore  provided,  where  witnesses  refuse  to  testify, 
or  access  to  books  and  papers  is  refused,  and  shall  add  thereto 
the  cost  of  such  examination,  together  with  any  penalties  accru- 
ing thereon. 

Section  18.  Any  person  who  shall  intentionally  make  any  false 
oath  to  any  report  required  by  the  provisions  of  this  Act  shall 
be  deemed  guilty  of  perjury  and  shall  be  subject  to  all  penalties 
prescribed  for  said  crime. 

Section  19.     It  is  hereby  made  the  duty  of  the  Supervisor  of     supervisor  of 
Public  Accounts  to  supervise  and  enforce  the  collection  of  all f^pow^ed^wu^ 
taxes  that  may  be  due  under  the  provisions  of  this  Act ;  and,  to  collection  of  taxes, 
that  end,  the  said  Supervisor  is  hereby  vested  with  all  of  the 
power  and  authority  conferred  by  this  Act. 


48 

Purchasers  and  Section  20.  It  is  hereby  made  the  duty  of  all  purchasers  and 
deaier^equired  ^to  others  dealing  in  any  natural  product  severed  from  the  soil  or 
ports  (ofaaiie  sales™"  water  in  Louisiana  to  file  quarterly  with  the  said  Supervisor  of 
Public  Accounts  a  statement,  under  oath,  showing  the  names  and 
addresses  of  all  persons,  firms,  corporations,  or  associations  of 
persons  from  whom  each  said  purchaser  or  dealer  has  purchased 
any  natural  product  severed  from  the  soil  or  water  in  Louisiana 
during  said  quarter;  together  with  the  total  quantity  of,  and 
gross  price  paid  for,  each  such  natural  product.  Said  reports 
shall  be  filed  within  thirty  (30)  days  after  the  expiration  of  each 
quarter,  and  shall  be  made  on  such  forms  as  may  be  prescribed 
by  said  Supervisor  of  Public  Accounts.  The  failure  of  any  per- 
son, firm,  corporation  or  association  of  persons  to  make  reports 
as  herein  provided  shall  be  punished  by  fine  of  not  less  than 
fifty  dollars  ($50.00)  nor  more  than  five  hundred  dollars 
($500.00)  for  each  such  offense. 
XT  .  Section  21.  Nothing  contained  in  this  Act  shall  be  construed 

Not  to  affect  Act          .  ,°.  ,         .    \  .„,  _    T        .   . 

31  of  1920.  as  in  any  wise  impairing  or  depriving  the  State  of  Louisiana 

of  any  rights  and  claims  whatsoever  it  may  have  for  the  license 
tax  duo  or  to  become  due  under  Act  31  of  1920  and  other  laws, 
and  a.s  herein  provided ;  said  rights  and  claims  being  hereby 
special 'y  reserved,  whether  they  be  in  litigation  or  not,  and  all 
proceedings  pending  or  which  may  be  brought  shall  be  prose- 
cuted as  though  this  Act  had  not  been  enacted;  provided  that 
said  license  tax  is  hereby  imposed  and  shall  be  collectible  in  ac- 
cordance with  the  provisions  of  said  Act  31  of  1920  up  to  and 
until  the  time  herein  prescribed  for  the  reports  and  payment  of 
the  severance  tax  levied  and  as  levied  by  this  Act;  it  being  the 
true  intent  and  purpose  of  this  Act  that  said  license  tax  shall  be 
imposed  and  collected  until  the  time  aforesaid;  and  provided 
further  that  all  funds  thus  collected  shall  be  paid  into  the  Sev- 
erance License  Tax  Fund  as  heretofore. 
c  ~,  n  s  tit  u  tionai  Section  22.  If  any  clause,  sentence,  paragraph,  or  part  of  this 

provisions.  Act  shall,  for  any  reason,  be  adjudged  by  any  court  of  competent 

jurisdiction  to  be  invalid,  such  judgment  shall  not  affect,  impair 
or  invalidate  the  remainder  of  this  Act,  but  shall  be  confined 
in  its  operation  to  the  clause,  sentence,  paragraph,  or  any  part 
thereof,  direct'y  involved  in  the  controversy  in  which  such  judg- 
ment has  been  rendered. 

Section  23.     This  Act  shall  become  effective  in  accordance 
with  all  its  terms  and  conditions  from  and  after  the  31st  day  of 
December  1922. 
Approved  by  the  Governor: 
July  14,  1922,  8  :40  a.  m. 


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